Living
Labour Law
Wage
Because of the high cost of living in New York, the minimum wage is higher than the federal level ($5.15) at $7.15, and any hours worked over 40 must be paid at time and a half according to the Fair Labor Standards Act. If hired as a migrant or seasonal worker engaged in agriculture, you are protected by the Migrant and Seasonal Agricultural Worker Protection Act. This law requires that your wage cannot be less than the higher end of the applicable state minimum wage. Which means even if you are picking apples in Upstate New York, you must be paid at least $7.15 an hour.
Pension Plans
A pension plan is an employee benefit plan established or maintained by an employer or by an employee organisation (such as a union) that provides retirement income or defers income until termination of covered employment or beyond. There are a number of types of pension plans including the 401(k) and the traditional pension plan, known as a defined benefit plan. Pension plans are not guaranteed by law, but they do have laws governing them in case of termination or a company closure by the Employee Retirement Income Security Act.
Health Plans
A group health plan is established by an employer or union, and provides medical care for participants or their dependents directly or through insurance or reimbursement. Again, health care is not a guarantee in any position, though in most cases you will find the companies do have some sort of system set up for their employees to receive it. Health care in America is unfortunately not free and your company’s health care plan may cost you $200 or more per month. If your firm does not provide health coverage, you may be eligible for the Health New York Plan, information on which can be found at www.ins.state.ny.us. Upon termination of employment, some workers and their families will have the right to choose to continue their health benefits for limited periods of time – it is important to inquire about this at the time of dismissal.
Family and Medical Leave
The Family and Medical Leave Act provides up to 12 weeks of job-protected, unpaid leave during any 12 month period to eligible, covered employees for birth and care of a child (including adoption), care of an immediate family member (spouse, child, parent) who has a serious health condition, or care of the employee’s own serious health condition. It also requires that the employee’s health benefits continue during the leave.
Holiday Time
For employees working under certain government contracts, holidays and vacation benefits may be required. In other instances, however, there is no such requirement. In those cases, the extent of the leave and whether it is paid in whole, in part, or not at all is generally a matter of agreement between an employer and an employee. If working a 9 to 5, weekday job however, one can generally expect to be given all governmental holidays, including Thanksgiving and Christmas, off.
Unemployment Benefits
Workers who are unemployed through no fault of their own (does not include quitting, termination for stealing, etc), may be eligible to receive unemployment benefits. Unemployment is intended to provide temporary financial assistance to unemployed workers who meet the requirements of New York State law.
Equal Employment
Equal employment opportunity laws prohibit specific types of employment discrimination. Collectively, these laws prohibit discrimination in most workplaces on the basis of race, colour, religion, sex, age, national origin, and status as an individual with a disability or a protected veteran.
Unions
Certain industries may have unions which you can join. If employed in one of those industries (sanitation, police, fire, security, construction, transportation), you may be required to join the union or coerced to do so by your fellow employees. This is especially true in New York where unions have a long and complex history. For many unions, corruption goes hand in hand with support in your fight for higher wages and better benefits.
Many employers will most likely try and discourage their employees from joining a union, and with so many laws currently in practice to protect workers’ rights, the days of the union might soon be gone. Any benefits negotiated on the part of a union will also be transferred onto you, even if you are not a member.
Because of the high cost of living in New York, the minimum wage is higher than the federal level ($5.15) at $7.15, and any hours worked over 40 must be paid at time and a half according to the Fair Labor Standards Act. If hired as a migrant or seasonal worker engaged in agriculture, you are protected by the Migrant and Seasonal Agricultural Worker Protection Act. This law requires that your wage cannot be less than the higher end of the applicable state minimum wage. Which means even if you are picking apples in Upstate New York, you must be paid at least $7.15 an hour.
Pension Plans
A pension plan is an employee benefit plan established or maintained by an employer or by an employee organisation (such as a union) that provides retirement income or defers income until termination of covered employment or beyond. There are a number of types of pension plans including the 401(k) and the traditional pension plan, known as a defined benefit plan. Pension plans are not guaranteed by law, but they do have laws governing them in case of termination or a company closure by the Employee Retirement Income Security Act.
Health Plans
A group health plan is established by an employer or union, and provides medical care for participants or their dependents directly or through insurance or reimbursement. Again, health care is not a guarantee in any position, though in most cases you will find the companies do have some sort of system set up for their employees to receive it. Health care in America is unfortunately not free and your company’s health care plan may cost you $200 or more per month. If your firm does not provide health coverage, you may be eligible for the Health New York Plan, information on which can be found at www.ins.state.ny.us. Upon termination of employment, some workers and their families will have the right to choose to continue their health benefits for limited periods of time – it is important to inquire about this at the time of dismissal.
Family and Medical Leave
The Family and Medical Leave Act provides up to 12 weeks of job-protected, unpaid leave during any 12 month period to eligible, covered employees for birth and care of a child (including adoption), care of an immediate family member (spouse, child, parent) who has a serious health condition, or care of the employee’s own serious health condition. It also requires that the employee’s health benefits continue during the leave.
Holiday Time
For employees working under certain government contracts, holidays and vacation benefits may be required. In other instances, however, there is no such requirement. In those cases, the extent of the leave and whether it is paid in whole, in part, or not at all is generally a matter of agreement between an employer and an employee. If working a 9 to 5, weekday job however, one can generally expect to be given all governmental holidays, including Thanksgiving and Christmas, off.
Unemployment Benefits
Workers who are unemployed through no fault of their own (does not include quitting, termination for stealing, etc), may be eligible to receive unemployment benefits. Unemployment is intended to provide temporary financial assistance to unemployed workers who meet the requirements of New York State law.
Equal Employment
Equal employment opportunity laws prohibit specific types of employment discrimination. Collectively, these laws prohibit discrimination in most workplaces on the basis of race, colour, religion, sex, age, national origin, and status as an individual with a disability or a protected veteran.
Unions
Certain industries may have unions which you can join. If employed in one of those industries (sanitation, police, fire, security, construction, transportation), you may be required to join the union or coerced to do so by your fellow employees. This is especially true in New York where unions have a long and complex history. For many unions, corruption goes hand in hand with support in your fight for higher wages and better benefits.
Many employers will most likely try and discourage their employees from joining a union, and with so many laws currently in practice to protect workers’ rights, the days of the union might soon be gone. Any benefits negotiated on the part of a union will also be transferred onto you, even if you are not a member.
