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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.
Contents |
Types (2)
Independent Contractor Agreement – Establishes the terms of a working relationship between an independent contractor and their client.
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Subcontractor Agreement – Establishes a professional relationship between a contractor and a subcontractor.
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Laws
- Labor Statutes: Chapter 31
- Definition of Employee: LAB § 190(2)
- Minimum Wage: $15/hr (NYC, Long Island, Westchester) | $12.50/hr (all other NYS counties) (LAB § 652)
- Overtime: One and a half (1.5) times the employee’s hourly wage (Dept. of Labor NY FAQ).
- Record Keeping: Employers must maintain accurate payroll records for at least six (6) years (LAB § 195(4)).
At-Will Employment
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.