Employment Laws in New York

Definition of employee. Employee does not include any individual employed by his or her parents, spouse or child or in the domestic service of any person.

Definition of employer. Employer does not include any employer with fewer than four persons in its employ.

Prohibited employment discrimination. It is an unlawful discriminatory employment practice for employers to base hiring or employment decisions on the age, race, creed, color, national origin, sex, disability, marital status, sexual orientation or genetic condition of any applicant or employee. Discrimination based on legal use of consumable products outside the course of employment is also prohibited.

It is an unlawful discriminatory employment practice for employers to refuse to permit employees to use leave solely because the leave will be used to accommodate the employees' religious observances or practices.

Employers may not discriminate against employees for displaying the American flag on themselves or at their work stations.

Recordkeeping requirements. Not specified.

Posting requirements. Every employer that is subject to the Human Rights Law must post and maintain at its workplaces, notices furnished by the Division of Human Rights, excerpting the law. Notices must be conspicuously displayed in easily accessible and well-lighted places customarily frequented by employees and applicants for employment.