A New York employment contract defines the terms and conditions of an employer-employee relationship as well as the rights, duties, and obligations of both parties. An employer uses this written contract to establish their employee’s position at their company, the compensation and benefits they will receive, the duration of employment, and how many days off they will receive for vacation, personal days, and holidays. Furthermore, this document covers rules and regulations the employee must follow, including confidentiality, punctuality, specific policies and procedures, and consequences for noncompliance.
Independent Contractor Agreement – Establishes a working relationship (not employer-employee relationship) between an independent contractor and their client
Subcontractor Agreement – Establishes a professional relationship between a contractor and a subcontractor.
- Labor Statutes: LAB (Labor)
- Definition of Employee: LAB § 190
- Minimum Wage: $15/hr (NYC, Long Island, Westchester) | $12.50 (all other NYS counties) (LAB § 652)
- Overtime: After working forty (40) hours in a given week, employees shall be paid one and a half (1 ½) times their hourly wage for every hour thereafter (Dept. of Labor NY FAQ).
- Record Keeping: Employers must maintain accurate payroll records for at least six (6) years (LAB § 195(4)).
Permitted? Yes, employers may terminate an employee for any legal reason or no reason at all (“at-will”). However, termination based on discriminatory motives (age, race, religion, gender, marital or familial status, pregnancy, and disability to name a few) are prohibited by state and federal laws.