NEW YORK Package Contents:

· NY State PublicEmployee Safety & Health Act(PESH Act)*PUBLIC · NYChild LaborLaw
· NYCorrection Law

· NYState HumanRightsLaw: Discrimination · NYFringe Benefits &HoursNotice
· NY Minimum Wage

· NY Rights of NursingMothers to Express Breast Milk in theWorkplace · NYRighttoKnow: Effects& Hazards ofToxic Substances *PUBLIC
· NYNotice ofEmployee Rights, Protections, & Obligations Under LLS 740 · NY Veteran Benefits and Services
· Pay Day Notice

· Emergency PhoneNumbers

· Federal Employee PolygraphProtection Act(EPPA)

· Federal Know Your Rights: Workplace Discrimination is Illegal · Federal Family andMedical Leave Act(FMLA)
· Federal Fair LaborStandardsAct (FLSA)

· Federal Job Safety and Health: It’s the Law (OSHA) · Federal YourRights Under USERRA

Package Instructions:
1. Print the following PDF files in 8.5 x11 sheets of paper, unless otherwise specified use the color white.
2. The Federal OSHA poster must be printed in an 8 ½ x 14 sheet of paper to be in compliance. 3. Post the printed sheets in a place frequented by employees (i.e. lunch rooms, HR offices,
employee lounges).
4. You may also distribute electronic copies of the Labor Law Notices to all relevant workstations in your facility.

ALL IN ONE POSTER COMPANY, INC. 1156 N. Gilbert St., Anaheim, CA 92801 P: 714-521-7720 F: 714-521-7728 www.allinoneposters.com sales@allinoneposters.com

Labor Law Information Relating to

Public Employees

Job Safety & Health Protection

The New York State Public Employee Safety and Health Act of 1980 provides job safety and health protection for workers through the promotion of safe and healthful working conditions throughout the State. Requirements of the Act include the following:

Employers
Employers must provide employees with a workplace that is:

• free from recognized hazards,

• in compliance with the safety and health standards that apply to the workplace, and

• in compliance with any other regulations issued under the PESH Act by the Commissioner of Labor.

Employees
Employees must comply with all safety and health standards that apply to their actions on the job. Employees must also comply with any regulations issued under the PESH Act that apply to their job.

Enforcement
The New York State Department of Labor administers and enforces the PESH Act. The Commissioner of Labor issues safety and health standards. The Department’s Division of Safety and Health (DOSH) has Inspectors and Hygienists who inspect workplaces to make sure they are following the PESH Act.

Inspection
When DOSH staff inspect a workplace, a representative of the employer and a representative approved by the employees must be allowed to help with the inspection.
When there is no employee-approved representative, DOSH staff must speak with a fair number of employees about the safety and health conditions in the workplace.

Order to Comply
If the Department believes an employer has violated the PESH Act, we will issue an order to comply notice to the employer. The order will list dates by which each violation must be fixed. If violations are not fixed by those dates, the employer may be fined.

The order to comply must be posted at or near the place of violation, where it can be easily seen. This is to warn employees that a danger may exist.

Complaint
Any interested person may file a complaint if they believe there are unsafe or unhealthful conditions in a public workplace. This includes:

• An employee

• A representative of an employee • Groups of employees
• A representative of a group of employees

Make this complaint in writing to the nearest DOSH ofice or by email to: Ask.SHNYPESH@labor.ny.gov. On request, DOSH will not release the names of any employees who file a complaint. The Department of Labor will evaluate each complaint. The Department will notify the person who made the complaint of the results of the investigation.

These complaints may also be made to the United States Department of Labor, Occupational Safety and Health Administration online at: www.osha.gov.

Discrimination
Employees may not be fired or discriminated against in any way for filing safety and health complaints or otherwise exercising their rights under the Act.

If an employee believes that they have been discriminated against, he or she may file a complaint with the nearest DOSH ofice. File this complaint within 30 days of the discrimination incident.

Voluntary Activity
The Department of Labor encourages employers and employees to voluntarily:

• reduce workplace hazards, and

• develop and improve safety and health programs in all workplaces.

The Division of Safety and Health can provide free help with identifying and correcting job site hazards. Employers may request this assistance on a voluntary basis by emailing: Ask.SHNYPESH@labor.ny.gov.

Additional information may be obtained from the nearest DOSH District Ofice below:

Albany District State Ofice Campus Bldg. 12, Rm. 158 Albany, NY 12240 Tel: (518) 457-5508

Binghamton District 44 Hawley St., Rm. 901 Binghamton, NY 13901 Tel: (607) 721-8211

Buffalo District 65 Court Street Buffalo, NY 14202 Tel: (716) 847-7133

Garden City District 400 Oak Street Garden City, NY 11550 Tel: (516) 228-3970

New York City District 75 Varick St., 7th Floor New York, NY 10013 Tel: (212) 775-3554

Rochester District
109 S. Union St., Rm. 402 Rochester, NY 14607
Tel: (585) 258-8806

Post Conspicuously

Syracuse District
450 South Salina Street Syracuse, NY 13202 Tel: (315) 479-3212

Utica District
207 Genesee Street Utica, NY 13501
Tel: (315) 793-2258

White Plains District 120 Bloomingdale Road White Plains, NY 10605 Tel: (914) 997-9514

P208 (7/17)	The New York State Department of Labor is an Equal Opportunity Employer/Program. Auxiliary aids and services are available upon request to individuals with disabilities.

11 to 18
Division of Labor Standards Worker Protection

Summaryof New York StateChild LaborLaw, PermittedWorkingHours for Minors Under 18 Years of Age

Age of Minor Girls and Boys

Maximum IndustryorOccupation
Daily Hours

Weekly Days per	Permitted Hours Hours	Week

Attending School, When school is in session:

Attending School, When school is not in session (vacation):

Not Attending School:

Farm Work:

14 and 15

16 and 17

14 and 15

16 and 17

16 and 17

12 and 13

14 to 18

All occupationsexceptfarm work, newspaper carrierand street trades

All occupationsexceptfarm work, newspaper carrierand street trades.

All occupationsexcept farm work, newspaper carrierand street trades.

All occupationsexceptfarm work, newspaper carrierand street trades

All occupationsexceptfarm work, newspaper carrierand street trades

Hand harvest of berries, fruits and vegetables.

Any farm work

3 hours onschool days. 8 hours on other days.
4 hours on days precedingschool days: Monday, Tuesday,Wednesday,Thursday2.

8 hours on:Friday, Saturday, Sunday and Holidays.4.

8 hours

8 hours4

8 hours4

4 hours

----------------------

181	6

284	64

40	6

484	64

484	64

------	--------

------	--------

7 AM to 7PM

6 AM to 10PM3

7 AM to 9PM June 21to Labor Day

6 AM to Midnight4

6 AM to Midnight4

June 21 to Labor Day, 7 AM to 7 PM.

Day after Labor Day to June 20, 9 AM to 4 PM. ----------------------

Delivers, orsells anddelivers Newspaper	newspapers, shoppingpapers or Carriers:	periodicalstohomes or business
	                      	places.	 

4hours onschool days.

5 hours on other days.

5 AM to 7 PM or
------	--------	30 minutespriorto sunset, whichever is later

Self-employed work inpublicplaces Street Trades:	14 to 18	selling newspapersor work asa
	bootblack	

4 hours onschool days.

5 hours on other days.

------	--------	6 AM to 7PM

1 Students 14and15 enrolledinanapprovedwork/study program may work 3hours on aschoolday, 23hoursin any one-week whenschoolis insession.

2 Students 16and17 enrolled in an approvedCooperativeEducationProgrammay work up to 6 hours ona day precedingaschoolday otherthana Sunday orHoliday whenschoolis in session,as longas the hours arein conjunctionwiththeProgram.

LS 171 (09/20)

3 6 AM to 10 PM or untilmidnightwith written parentalandeducational authorities consentonday precedingaschooldayand untilmidnight on day precedinganon-schoolday withwrittenparentalconsent.
4 This provisiondoes notapply to minors employedinresorthotels or restaurants inresort areas.

Page1of 2

Additional Child Labor Law Information

The Employer mustposta schedule ofworkhours for minors under 18years oldin theestablishment.

An EmploymentCertificate(WorkingPaper)isrequired forall employed minors under18 yearsold.

Penaltiesfor Child Labor Lawsviolations:

	      First violation:maximum $1,000*

	      Secondviolation:maximum $2,000*

	      Third ormoreviolations: maximum $3,000*

*If aminoris seriouslyinjured ordieswhile illegally employed, the penaltyis threetimesthe maximum penalty.

Also, Section 14A of the Workers’ Compensation Lawprovidesdoublecompensationand death benefitsforminors illegally employed.

Note: Therearemany prohibited occupationsforminorsin NewYorkState.

For moreinformationaboutNew YorkState Child Labor Lawsand provisionsplease visit the Departmentof Labor’s website at http://www.labor.ny.gov. If youhavequestions, please sendthem to one of theofficeslisted belowat:

New YorkState DepartmentofLabor, Division ofLaborStandards:

AlbanyDistrict StateOfficeCampus Bldg.12 Room 185A Albany, NY 12240 (518) 457-2730

Rochester Sub-District
276 Waring Road Room 104 Rochester,NY 14609
(585) 258-4550

Buffalo District 290 Main Street Room 226 Buffalo,NY 14202 (716) 847-7141

Syracuse District

333 East Washington Street Room 121
Syracuse, NY13202

(315) 428-4057

Garden CityDistrict 400 Oak Street Suite101
GardenCity, NY 11530 (516) 794-8195

WhitePlainsDistrict 120 BloomingdaleRoad WhitePlains, NY 10605
(914) 997-9521

New YorkCityDistrict 75Varick Street 7thFloor
NewYork, NY 10013

(212) 775-3880

Page2of 2

NEW YORK CORRECTION LAW ARTICLE 23-A

LICENSURE AND EMPLOYMENT OF PERSONS PREVIOUSLY CONVICTED OF ONE OR MORE CRIMINAL OFFENSES

Section 750. Definitions.

751. Applicability.

752. Unfair discrimination against persons previously convicted of one or more criminal offenses prohibited.

753. Factors to be considered concerning a previous criminal conviction; presumption.

754. Written statement upon denial of license or employment.

755. Enforcement.

§750. Definitions. For the purposes of this article, the following terms shall have the following meanings:

(1) "Public agency" means the state or any local subdivision thereof, or any state or local department, agency, board or commission.

(2) "Private employer" means any person, company, corporation, labor organization or association which employs ten or more persons.

(3) "Direct relationship" means that the nature of criminal conduct for which the person was convicted has a direct bearing on his fitness or ability to perform one or more of the duties or responsibilities necessarily related to the license, opportunity, or job in question.

(4) "License" means any certificate, license, permit or grant of permission required by the laws of this state, its political subdivisions or instrumentalities as a condition for the lawful practice of any occupation, employment, trade, vocation, business, or profession. Provided, however, that "license" shall not, for the purposes of this article, include any license or permit to own, possess, carry, or fire any explosive, pistol, handgun, rifle, shotgun, or other firearm.

(5) "Employment" means any occupation, vocation or employment, or any form of vocational or educational training. Provided, however, that "employment" shall not, for the purposes of this article, include membership in any law enforcement agency.

§751. Applicability. The provisions of this article shall apply to any application by any person for a license or employment at any public or private employer, who has previously been convicted of one or more criminal offenses in this state or in any other jurisdiction, and to any license or employment held by any person whose conviction of one or more criminal offenses in this state or in any other jurisdiction preceded such employment or granting of a license, except where a mandatory forfeiture, disability or bar to employment is imposed by law, and has not been removed by an executive pardon, certificate of relief from disabilities or certificate of good conduct. Nothing in this article shall be construed to affect any right an employer may have with respect to an intentional misrepresentation in connection with an application for employment made by a prospective employee or previously made by a current employee.

§752. Unfair discrimination against persons previously convicted of one or more criminal offenses prohibited. No application for any license or employment, and no employment or license held by an individual, to which the provisions of this article are applicable, shall be denied or acted upon adversely by reason of the individual's having been previously convicted of one or more criminal offenses, or by reason of a finding of lack of "good moral character" when such finding is based upon the fact that the individual has previously been convicted of one or more criminal offenses, unless:

(1) There is a direct relationship between one or more of the previous criminal offenses and the specific license or employment sought or held by the individual; or

(2) the issuance or continuation of the license or the granting or continuation of the employment would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public.

§753. Factors to be considered concerning a previous criminal conviction; presumption. 1. In making a determination pursuant to section seven hundred fifty-two of this chapter, the public agency or private employer shall consider the following factors:

(a) The public policy of this state, as expressed in this act, to encourage the licensure and employment of persons previously convicted of one or more criminal offenses.

(b) The specific duties and responsibilities necessarily related to the license or employment sought or held by the person.

(c) The bearing, if any, the criminal offense or offenses for which the person was previously convicted will have on his fitness or ability to perform one or more such duties or responsibilities.

(d) The time which has elapsed since the occurrence of the criminal offense or offenses.

(e) The age of the person at the time of occurrence of the criminal offense or offenses.

(f) The seriousness of the offense or offenses.

(g) Any information produced by the person, or produced on his behalf, in regard to his rehabilitation and good conduct.

(h) The legitimate interest of the public agency or private employer in protecting property, and the safety and welfare of specific individuals or the general public.

2. In making a determination pursuant to section seven hundred fifty-two of this chapter, the public agency or private employer shall also give consideration to a certificate of relief from disabilities or a certificate of good conduct issued to the applicant, which certificate shall create a presumption of rehabilitation in regard to the offense or offenses specified therein.

§754. Written statement upon denial of license or employment. At the request of any person previously convicted of one or more criminal offenses who has been denied a license or employment, a public agency or private employer shall provide, within thirty days of a request, a written statement setting forth the reasons for such denial.

§755. Enforcement. 1. In relation to actions by public agencies, the provisions of this article shall be enforceable by a proceeding brought pursuant to article seventy-eight of the civil practice law and rules.
2. In relation to actions by private employers, the provisions of this article shall be enforceable by the division of human rights pursuant to the powers and procedures set forth in article fifteen of the executive law, and, concurrently, by the New York city commission on human rights.

THIS ESTABLISHMENT IS SUBJECT TO THE NEW YORK STATE HUMAN RIGHTS LAW (EXECUTIVE LAW, ARTICLE 15)

DISCRIMINATION BASED UPON AGE, RACE, CREED, COLOR, NATIONAL ORIGIN, SEXUAL ORIENTATION, MILITARY STATUS, SEX, PREGNANCY, GENDER IDENTITY OR EXPRESSION, DISABILITY OR MARITAL STATUS IS PROHIBITED BY THE NEW YORK STATE HUMAN RIGHTS LAW. SEXUAL HARASSMENT OR HARASSMENT BASED UPON ANY OF THESE PROTECTED CLASSES ALSO IS PROHIBITED.

ALL EMPLOYERS (until February 8, 2020, only employers with 4 or more employees are covered), EMPLOYMENT AGENCIES, LABOR ORGANIZATIONS AND APPRENTICESHIP TRAINING PROGRAMS

Also prohibited: discrimination in employment on the basis of Sabbath observance or religious practices; hairstyles associated with race (also applies to all areas listed below); prior arrest or conviction record; predisposing genetic characteristics; familial status; pregnancy-related conditions; domestic violence victim status.

Reasonable accommodations for persons with disabilities and pregnancy-related conditions including lactation may be required. A reasonable accommodation is an adjustment to a job or work environment that enables a person with a disability to perform the essential functions of a job in a reasonable manner.

Also covered: domestic workers are protected from harassment and retaliation; interns and nonemployees working in the workplace (for example temp or contract workers) are protected from all discrimination described above.

RENTAL, LEASE OR SALE OF HOUSING, LAND AND COMMERCIAL SPACE, INCLUDING ACTIVITIES OF REAL ESTATE BROKERS AND SALES PEOPLE
Also prohibited: discrimination on the basis of lawful source of income (for example housing vouchers, disability benefits, child support); familial status (families with children or being pregnant); prior arrest or sealed conviction; commercial boycotts or blockbusting
Reasonable accommodations and modifications for persons with disabilities may also be required.
Does not apply to:

(1) rental of an apartment in an owner-occupied two-family house

(2) restrictions of all rooms in a housing accommodation to individuals of the same sex
(3) rental of a room by the occupant of a house or apartment

(4) sale, rental, or lease of accommodations of housing exclusively to persons 55 years of age or older, and the spouse of such persons

ALL CREDIT TRANSACTIONS INCLUDING FINANCING FOR PURCHASE, MAINTENANCE AND REPAIR OF HOUSING

PLACES OF PUBLIC ACCOMMODATION SUCH AS RESTAURANTS, HOTELS, HOSPITALS AND MEDICAL OFFICES, CLUBS, PARKS AND GOVERNMENT OFFICES
Exception:

Age is not a covered classification relative to public accommodations. Reasonable accommodations for persons with disabilities may also be required.

EDUCATION INSTITUTIONS

All public schools and private nonprofit schools, at all education levels, excluding those run by religious organizations.

ADVERTISING AND APPLICATIONS RELATING TO EMPLOYMENT, REAL ESTATE, PLACES OF PUBLIC ACCOMMODATION AND CREDIT TRANSACTIONS MAY NOT EXPRESS ANY DISCRIMINATION

If you wish to file a formal complaint with the Division of Human Rights, you must do so within one year after the discrimination occurred. The Division’s services are provided free of charge.

If you wish to file a complaint in State Court, you may do so within three years of the discrimination. You may not file both with the Division and the State Court.

Retaliation for filing a complaint or opposing discriminatory practices is prohibited. You may file a complaint with the Division if you have been retaliated against.

FOR FURTHER INFORMATION, WRITE OR CALL THE DIVISION’S NEAREST OFFICE. HEADQUARTERS:
ONE FORDHAM PLAZA, 4TH FLOOR, BRONX, NY 10458

1-888-392-3644 WWW.DHR.NY.GOV

ESTE ESTABLECIMIENTO ESTÁ SUJETO A LA LEY DE DERECHOS HUMANOS DEL ESTADO DE NUEVA YORK (LEY EJECUTIVA, SECCIÓN 15)

LA LEY DE DERECHOS HUMANOS DEL ESTADO DE NUEVA YORK PROHÍBE LA DISCRIMINACIÓN POR EDAD, RAZA, CREDO, COLOR, ORIGEN NACIONAL, ORIENTACIÓN SEXUAL, ESTATUS MILITAR, SEXO, EMBARAZO, IDENTIDAD O EXPRESIÓN DE GÉNERO, DISCAPACIDAD O ESTADO CIVIL. TAMBIÉN ESTÁ PROHIBIDO EL ACOSO SEXUAL O EL ACOSO POR CUALQUIERA DE ESTAS CLASES PROTEGIDAS.

TODOS LOS EMPLEADORES (hasta el 8 de febrero de 2020, solo los empleadores de cuatro o más personas), AGENCIAS DE EMPLEO, ORGANIZACIONES DE TRABAJO Y PROGRAMAS DE CAPACITACIÓN DE APRENDICES

Asimismo, está prohibida la discriminación en el empleo sobre la base de la observancia del Shabat o prácticas religiosas; peinados asociados con la raza (también se aplica a las áreas enumeradas a continuación) arresto previo o antecedentes penales; las características genéticas predisponentes; el estado civil; las condiciones relacionadas con el embarazo.

Es posible que sea necesario hacer acomodos razonables para personas con discapacidades y condiciones relacionadas con el embarazo incluyendo lactación. Un arreglo razonable es una adaptación a un trabajo o entorno laboral que permita que una persona con discapacidad realice las tareas esenciales de un trabajo de manera razonable.

También están cubiertos: trabajadores domésticos están protegidos en casos acoso y represalias; internos y no empleados cuales trabajan en el lugar de trabajo (por ejemplo trabajadores temporarios o contratantes) están protegidos de toda discriminación descrita arriba.

ALQUILER, ARRENDAMIENTO O VENTA DE VIVIENDA, TERRENO O ESPACIO COMERCIAL INCLUYENDO ACTIVIDADES DE AGENTE DE BIENES RAÍCES Y VENDEDORES
También esta prohibido: la discriminación a base de fuente de ingreso legal (por ejemplo vales, beneficios de discapacidad, manutención de niños); estado familiar (familias con niños o en estado de embarazo); arresto previo o condena sellada; boicot comercial o acoso inmobiliario.
También es posible que sea necesario realizar modificaciones y arreglos razonables para personas con discapacidades.
Excepciones:
(1) alquiler de un apartamento en una casa para dos familias ocupada por el dueño
(2) restricciones de todas las habitaciones en una vivienda para individuos del mismo sexo
(3) alquiler de una habitación por parte del ocupante de una casa o apartamento
(4) venta, alquiler o arrendamiento de alojamiento en una casa exclusivamente a personas mayores de 55 años y al cónyuge de dichas personas

También se prohíbe: discriminación en vivienda sobre la base del estado civil (por ejemplo, familias con hijos).

TODAS TRANSACCIONES CREDITICIAS INCLUYENDO FINANCIAMENTO PARA LA COMPRA, MANTENIMIENTO Y REPARACION DE VIVIENDAS

LUGARES DE ALOJAMIENTO PÚBLICO, COMO RESTAURANTES, HOTELES, HOSPITALES Y CONSULTORIOS MÉDICOS, CLUBS, PARQUES Y OFFICINAS DEL GOBIERNO.
Excepción:
La edad no es una clasificación cubierta respecto a los alojamientos públicos. Es posible que sea necesario realizar arreglos razonables para personas con discapacidades.

INSTITUCIONES EDUCATIVAS

Todas las escuelas publicas y escuelas privadas sin ánimo de lucro, en todos los niveles, excluyendo escuelas dirigidas por organizaciones religiosas.

PUBLICIDAD Y SOLICITUDES RELACIONADAS CON EL EMPLEO, LOS INMUEBLES, LOS LUGARES DE ALOJAMIENTO PÚBLICO Y LAS TRANSACCIONES CREDITICIAS NO DEBEN EXPRESAR NINGUN ACTO DISCRIMINATORIO

Si desea presentar una demanda formal ante la División de Derechos Humanos, debe hacerlo dentro de un año desde que ocurra la discriminación. Los servicios de la División se ofrecen sin cargo.

Si desea presentar una demanda ante el Tribunal Estatal, puede hacerlo dentro de los tres años desde que ocurriera la discriminación. No puede presentar una demanda ante la División y ante el Tribunal Estatal.

Se prohíben las represalias por presentar una demanda u oponerse a prácticas discriminatorias. Puede presentar una demanda ante la División si sufrió represalias.

PARA OBTENER MÁS INFORMACIÓN, ESCRIBA O LLAME A LA OFICINA MÁS CERCANA DE LA DIVISIÓN. OFICINA CENTRAL:
ONE FORDHAM PLAZA. 4TH FLOOR, BRONX, NY 10458

Division of Labor Standards Harriman State Office Campus Building 12, Albany, NY 12240

www.labor.ny.gov

Guidelines for Employers:

Requirements to Notify Employees About Time Off and Work Hours

Section 195.5 of the New York State Labor Law effective December 12, 1981 provides as follows:

“Every employer shall notify his employees in writing or by publicly posting the employer’s policy on sick leave, vacation, personal leave, holidays and hours.”

To assist employers in complying with this provision, the Division of Labor Standards has issued the followingguidelines:

1. An employer shall distribute in writing to each employee, the employer’s policy on the above- enumerated items. The employer upon the request of the Department must be able to affirmatively demonstrate that such written notification was provided to employees by means, which may include, but not be limited to, distribution through company newspapers or newsletters or by inclusion in a company payroll.

Or

An employer shall post and keep posted in each establishment in a conspicuous place where notices to employees are customarily posted, a notice that states where on the employer’s premises they may see such information in writing. Such information may be contained in a union contract, employee handbook, personnel manual, or in other written form. Deviations for an employee from such stated policy must be given to said employee in writing.

2. As used in the provision above, “hours” means the hours which constitute a standard workday and workweek for the establishment, and any other regular schedule, such as for part-time employees. Deviations should be given to the affected employee in writing.

For more information, call or write the nearest office of the Division of Labor Standards, of the New York State Department of Labor, listed below:

Albany District State Office Campus Bldg. 12 Room 185A Albany, NY 12240 (518) 457-2730

Buffalo District 65 Court Street Room 202
Buffalo, NY 14202 (716) 847-7141

Binghamton Sub-District
44 Hawley Street Binghamton, NY 13901 (607) 721-8014

Rochester Sub-District
276 Waring Road Room 104 Rochester, NY 14609 (585) 258-4550

New York City District 75 Varick Street
7th Floor
New York, NY 10013 (212) 775-3880

Syracuse District
333 East Washington Street Room 121
Syracuse, NY 13202 (315) 428-4057

Garden City District 400 Oak Street
Suite 101
Garden City, NY 11530 (516) 794-8195

White Plains District 120 Bloomingdale Road White Plains, NY 10605 (914) 997-9521

LS 606 (8/19)

Attention Miscellaneous
	
Industry Employees

Minimum Wage hourly rates effective 12/31/2022 – 12/30/2023

New York City
	
Large Employers (11 or more employees)
		Small Employers (10 or less employees)
	
Minimum Wage $15.00 Overtime after 40 hours	$22.50

Tipped workers	$15.00 Overtime after 40 hours	$22.50
		Minimum Wage $15.00 Overtime after 40 hours	$22.50

Tipped workers	$15.00 Overtime after 40 hours	$22.50

Long Island and Westchester County
		Remainder of New York State

Minimum Wage $15.00 Overtime after 40 hours	$22.50

Tipped workers	$15.00 Overtime after 40 hours	$22.50
		
Minimum Wage $14.20 Overtime after 40 hours	$21.30

Tipped workers	$14.20 Overtime after 40 hours	$21.30

If you have questions, need more information or want to file a complaint, please visit www.labor.ny.gov/minimumwage or call: 1-888-469-7365.

Credits and Allowances that may reduce your pay below the minimum wage rates shown above:
• Tips – Beginning December 31, 2020, your employer must pay the full applicable minimum wage rate, and cannot take any tip credit.
• Meals and lodging – Your employer may claim a limited amount of your wages for meals and lodging that they provide to you, as long as they do not charge you anything else. The rates and requirements are set forth in wage orders and summaries, which are available online.
		Extra Pay you may be owed in addition to the minimum wage rates shown above:
• Overtime – You must be paid 1½ times your regular rate of pay (no less than amounts shown above) for weekly hours over 40 (or 44 for residential employees).
Exceptions: Overtime is not required for salaried professionals, or for executives and administrative staff whose weekly salary is more than 75 times the minimum wage rate.
• Call-in pay – If you go to work as scheduled and your employer sends you home early, you may be entitled to extra hours of pay at the minimum wage rate for that day.
• Spread of hours – If your workday lasts longer than ten hours, you may be entitled to extra daily pay. The daily rate is equal to one hour of pay at the minimum wage rate.
• Uniform maintenance – If you clean your own uniform, you may be entitled to additional weekly pay. The weekly rates are available online.

LS 207 (11/22)	Minimum Wage Poster	Post in Plain View

PUBLIC NOTICE RIGHT OF NURSING MOTHERS TO EXPRESS BREAST MILK

Employers shall provide written notification of the provision of Labor Law § 206-c to employees returning to work following the birth of a child of their right to take unpaid leave to express breast milk. Notice may be provided individually to affected employees, or to all employees in an employee handbook, or by posting in a central location.

Section 206-c of the New York State Labor Law provides as follows:

An employer shall provide reasonable unpaid break time or permit an employee to use paid break time or meal time each day to allow an employee to express breast milk for her nursing child for up to three years following child birth. The employer shall make reasonable efforts to provide a room or other location, in close proximity to the work area, where an employee can express milk in privacy. No employer shall discriminate in any way against an employee who chooses to express breast milk in the workplace.

Guidelines have been adopted by the Department of Labor in accordance with such authority granted to the Commissioner and are effective as of May 7, 2008. Should you have any questions with regard to these guidelines and their implementation, please contact the Division of Labor Standards at 518-457-2730 or the district office nearest you.

YOU HAVE A RIGHT TO KNOW!

Your employer must inform you of the health
effects and hazards of toxic substances at your
worksite.

Learn all you can about toxic substances on your job.

For more information, contact:

Name

Location & Phone Number

THE RIGHT TO KNOW LAW WORKS FOR YOU. NEW YORK STATE DEPARTMENT OF HEALTH

2706	4/00

Division of Labor Standards Harriman State Ofice Campus Building 12, Albany, NY 12226

www.labor.ny.gov

Notice of Employee Rights, Protections, and Obligations Under Labor Law Section 740

Prohibited Retaliatory Personnel Action by Employers Effective January 26, 2022

§ 740. Retaliatory action by employers; prohibition.

1. Definitions. For purposes of this section, unless the context specifically indicates otherwise:

(a) “Employee” means an individual who performs services for and under the control and direction of an employer for wages or other remuneration, including former employees, or natural persons employed as independent contractors to carry out work in furtherance of an employer’s business enterprise who are not themselves employers.

(b) “Employer” means any person, firm, partnership, institution, corporation, or association that employs one or more employees.

(c) “Law, rule or regulation” includes: (i) any duly enacted federal, state or local statute or ordinance or executive order; (ii) any rule or regulation promulgated pursuant to such statute or ordinance or executive order; or (iii) any judicial or administrative decision, ruling or order.

(d) “Public body” includes the following:

(i) the United States Congress, any state legislature, or any elected local governmental body, or any member or employee thereof;

(ii) any federal, state, or local court, or any member or employee thereof, or any grand or petit jury;

(iii) any federal, state, or local regulatory, administrative, or public agency or authority, or instrumentality thereof;

(iv) any federal, state, or local law enforcement agency, prosecutorial ofice, or police or peace oficer; (v) any federal, state or local department of an executive branch of government; or
(vi) any division, board, bureau, ofice, committee, or commission of any of the public bodies described in subparagraphs (i) through (v) of this paragraph.

(e) “Retaliatory action” means an adverse action taken by an employer or his or her agent to discharge, threaten, penalize, or in any other manner discriminate against any employee or former employee exercising his or her rights under this section, including (i) adverse employment actions or threats to take such adverse employment actions against an employee in the terms of conditions of employment
including but not limited to discharge, suspension, or demotion; (ii) actions or threats to take such actions that would adversely impact a former employee’s current or future employment; or (iii) threatening to contact or contacting United States immigration authorities or otherwise reporting or threatening to report an employee’s suspected citizenship or immigration status or the suspected citizenship or immigration status of an employee’s family or household member, as defined in subdivision two of section four hundred fifty-nine-a of the social services law, to a federal, state, or local agency.

To Be Posted Conspicuously in easily accessible and well-lighted places

LS 740 (02/22)	customarily frequented by employees and applicants for employment.	Page 1 of 3

(f) “Supervisor” means any individual within an employer’s organization who has the authority to direct and control the work performance of the affected employee; or who has managerial authority to take corrective action regarding the violation of the law, rule or regulation of which the employee complains.

2. Prohibitions. An employer shall not take any retaliatory action against an employee, whether or not within the scope of the employee’s job duties, because such employee does any of the following:

(a) discloses, or threatens to disclose to a supervisor or to a public body an activity, policy or practice of the employer that the employee reasonably believes is in violation of law, rule or regulation or that the employee reasonably believes poses a substantial and specific danger to the public health or safety;

(b) provides information to, or testifies before, any public body conducting an investigation, hearing or inquiry into any such activity, policy or practice by such employer; or

(c) objects to, or refuses to participate in any such activity, policy or practice.

3. Application. The protection against retaliatory action provided by paragraph (a) of subdivision two of this section pertaining to disclosure to a public body shall not apply to an employee who makes such disclosure to a public body unless the employee has made a good faith effort to notify his or her employer by bringing the activity, policy or practice to the attention of a supervisor of the employer and has afforded such employer a reasonable opportunity to correct such activity, policy or practice. Such employer notification shall not be required where:

(a) there is an imminent and serious danger to the public health or safety;

(b) the employee reasonably believes that reporting to the supervisor would result in a destruction of evidence or other concealment of the activity, policy or practice;

(c) such activity, policy or practice could reasonably be expected to lead to endangering the welfare of a minor;

(d) the employee reasonably believes that reporting to the supervisor would result in physical harm to the employee or any other person; or

(e) the employee reasonably believes that the supervisor is already aware of the activity, policy or practice and will not correct such activity, policy or practice.

4. Violation; remedy.

(a) An employee who has been the subject of a retaliatory action in violation of this section may institute a civil action in a court of competent jurisdiction for relief as set forth in subdivision five of this section within two years after the alleged retaliatory action was taken.

(b) Any action authorized by this section may be brought in the county in which the alleged retaliatory action occurred, in the county in which the complainant resides, or in the county in which the employer has its principal place of business. In any such action, the parties shall be entitled to a jury trial.

(c) It shall be a defense to any action brought pursuant to this section that the retaliatory action was predicated upon grounds other than the employee’s exercise of any rights protected by this section.

5. Relief. In any action brought pursuant to subdivision four of this section, the court may order relief as follows: (a) an injunction to restrain continued violation of this section;
(b) the reinstatement of the employee to the same position held before the retaliatory action, or to an equivalent position, or front pay in lieu thereof;

(c) the reinstatement of full fringe benefits and seniority rights;

To Be Posted Conspicuously in easily accessible and well-lighted places

LS 740 (02/22)	customarily frequented by employees and applicants for employment.	Page 2 of 3

(d) the compensation for lost wages, benefits and other remuneration;

(e) the payment by the employer of reasonable costs, disbursements, and attorney’s fees; (f) a civil penalty of an amount not to exceed ten thousand dollars; and/or
(g) the payment by the employer of punitive damages, if the violation was willful, malicious or wanton.

6. Employer relief. A court, in its discretion, may also order that reasonable attorneys’ fees and court costs and disbursements be awarded to an employer if the court determines that an action brought by an employee under this section was without basis in law or in fact.

7. Existing rights. Nothing in this section shall be deemed to diminish the rights, privileges, or remedies of any employee under any other law or regulation or under any collective bargaining agreement or employment contract.

8. Publication. Every employer shall inform employees of their protections, rights and obligations under this section, by posting a notice thereof. Such notices shall be posted conspicuously in easily accessible and well-lighted places customarily frequented by employees and applicants for employment.

To Be Posted Conspicuously in easily accessible and well-lighted places

LS 740 (02/22)	customarily frequented by employees and applicants for employment.	Page 3 of 3

VETERAN BENEFITS AND SERVICES The following resources and hotlines are available at no-cost to help veterans understand their rights, protections, benefits, and accommodations:

dol.ny.gov/veteran-benefits-and-services

MENTAL HEALTH AND SUBSTANCE ABUSE RESOURCES

All calls and texts are free and confidential

U.S. Department of Veterans Affairs Veterans Crisis Line: www.veteranscrisisline.net
Call: 988, press 1	Text: 838255
Suicide and Crisis Lifeline: www.veteranscrisisline.net Call: 988	Text: 988
Crisis Textline:
Text: 741741	Chat: crisistextline.org
NYS Ofice of Mental Health (OMH): www.omh.ny.gov
NYS Ofice of Addiction Services and Supports (OASAS): www.oasas.ny.gov/hopeline
Call: 1-877-8-HOPENY (467469) Text: HOPENY (467369)

LEGAL SERVICES

Veterans Treatment Courts (VTC): ww2.nycourts.gov/ courts/problem_solving/vet/courts.shtml
Email: ProblemSolving@courts.state.ny.us
NYS Defenders Association Veteran Defense Program: www.nysda.org/page/AboutVDP

NEW YORK STATE DIVISION OF VETERANS’ SERVICES

Website: veterans.ny.gov Help Line: 1-888-838-7697
Email: DVSInfo@veterans.ny.gov

Services: Legal, education, employment and volunteer, financial, health care, and more.

TAX BENEFITS

NYS Department of Tax and Finance
• Information for military personnel and veterans: tax.ny.gov/pit/file/military_page.htm
• Property tax exemptions: tax.ny.gov/pit/property/exemption/vetexempt.htm

EDUCATION, WORKFORCE, AND TRAINING RESOURCES

Veteran Readiness and Employment
(VR&E) Program: www.benefits.va.gov/vocrehab
New York State Civil Service Credits for Veterans Program: www.cs.ny.gov

ADDITIONAL RESOURCES

NYS Domestic and Sexual ViolenceHotline: Call: 800-942-6906 Text: 844-997-2121 NYS Workplace Sexual Harassment Hotline: Call: 1-800-HARASS-3
NYS Department of Motor Vehicles:
• Veteran Status Designation Photo Document: dmv.ny.gov/more-info/veteran-status-designation-photo-document
• Veteran License Plate: dmv.ny.gov/plates/military-and-veterans

NEW YORK STATE DEPARTMENT OF LABOR VETERANS’ PROGRAM

Website: dol.ny.gov/services-veterans Help Line: 1-888-469-7365 Email: Ask.Vets@labor.ny.gov

Services: Workforce and training resources, unemployment insurance, the Experience Counts program, and more.

Division of Veterans’ Services

P37 (12/22)

The New York State Department of Labor is an Equal Opportunity Employer/Program. Auxiliary aides and services are available upon request and free of charge to individuals with disabilities TTY/TDD 711 or 1-800-662-1220 (English) / 1-877-662-4886.

PAY DAY NOTICE

Regular Pay Days for Employees of _______________________________ (Firm Name)

shall be as follows:

____ Weekly	____ Bi-Weekly	____ Semi Monthly	____ Monthly

Pay Checks will be distributed at ___________________________________________________________

(Place of Distribution)

This is in accordance with New York State Law

By__________________________ Title __________________________

EMERGENCY PHONE NUMBERS

For _______________________________________________________________ (Please Give Exact address of This Worksite Location)

Physicians: _____________________________________________________ Hospitals: ______________________________________________________ Ambulances: 911 or ______________________________________________ Fire Department 911 or:___________________________________________ Police: 911 or ___________________________________________________

PLEASE POST IN A CONSPICUOUS LOCATION

EMPLOYEE EMPLOYEE POLYGRAPH

RIGHTS PROTECTION ACT

The Employee Polygraph Protection Act prohibits most private employers from using lie detector tests either for pre-employment screening or during the course of employment.

PROHIBITIONS

EXEMPTIONS

Employers are generally prohibited from requiring or requesting any employee or job applicant to take a lie detector test, and from discharging, disciplining, or discriminating against an employee or
prospective employee for refusing to take a test or for exercising other rights under the Act.

Federal, State and local governments are not affected by the law. Also, the law does not apply to tests given by the Federal Government to certain private individuals engaged in national security-related activities.

The Act permits polygraph (a kind of lie detector) tests to be administered in the private sector, subject to restrictions, to certain prospective employees of security service ﬁrms (armored car, alarm, and guard), and of pharmaceutical manufacturers, distributors and dispensers.

The Act also permits polygraph testing, subject to restrictions, of certain employees of private ﬁrms who are reasonably suspected of involvement in a workplace incident (theft, embezzlement, etc.) that resulted in economic loss to the employer.

The law does not preempt any provision of any State or local law or any collective bargaining agreement which is more restrictive with respect to lie detector tests.

EXAMINEE RIGHTS

ENFORCEMENT

Where polygraph tests are permitted, they are subject to numerous strict standards concerning the conduct and length of the test. Examinees have a number of speciﬁc rights, including the right to a written notice before testing, the right to refuse or discontinue a test, and the right not to have test results disclosed to unauthorized persons.

The Secretary of Labor may bring court actions to restrain violations and assess civil penalties against violators. Employees or job applicants may also bring their own court actions.

THE LAW REQUIRES EMPLOYERS TO DISPLAY THIS POSTER WHERE EMPLOYEES AND JOB APPLICANTS CAN READILY SEE IT.

WAGE AND HOUR DIVISION

UNITED STATES DEPARTMENT OF LABOR

1-866-487-9243 TTY: 1-877-889-5627
www.dol.gov/whd

WH1462 REV 07/16

• Retaliation for filing
• Re
ferral
Know Your Rights:
Workplace Discrimination is Illegal

The U.S. Equal Employment Opportunity Commission (EEOC) enforces Federal laws that protect you from discrimination in employment. If you believe you’ve been discriminated against at work or in applying for a job, the EEOC may be able to help.

Who is Protected?

• Employees (current and	• Union members and former), including managers           applicants for membership and temporary employees              in a union

• Job applicants

What Organizations are Covered?

• Most private employers	• Educational institutions (as • State and local governments           employers)
(as employers)	• Unions

• Stafing agencies

What Types of Employment Discrimination are Illegal?

Under the EEOC’s laws, an employer may not discriminate against you, regardless of your immigration status, on the bases of:

• Color
• Religion
• National origin
• Race	• Genetic information (including employer requests for, or purchase, use, or disclosure of genetic tests, genetic services, or family
• Sex (including pregnancy	medical history) and related conditions,
identity)
sexual orientation, or gender	a charge, reasonably opposing discrimination,
• Age (40 and older)	or participating in a
• Disability	discrimination lawsuit, investigation, or proceeding.

What Employment Practices can be Challenged as Discriminatory?

All aspects of employment, including:

• Discharge, firing, or lay-off	• Job training

• Harassment (including	• Classification unwelcome verbal or physical
• Hiring or promotion
conduct)	• Obtaining or disclosing genetic information of
• Assignment	employees

• Pay (unequal wages or	• Requesting or disclosing compensation)                                  medical information of
• Failure to provide reasonable	employees accommodation for a                   • Conduct that might disability or a sincerely-held	reasonably discourage religious belief, observance	someone from opposing or practice	discrimination, filing a
• Benefits
charge, or participating in an investigation or proceeding.

What can You Do if You Believe Discrimination has Occurred?

Contact the EEOC promptly if you suspect discrimination. Do not delay, because there are strict time limits for filing a charge of discrimination (180 or 300 days, depending on where you live/ work). You can reach the EEOC in any of the following ways:

Submit an inquiry through the EEOC’s public portal: https://publicportal.eeoc.gov/Portal/Login.aspx

Call	1–800–669–4000 (toll free) 1–800–669–6820 (TTY) 1–844–234–5122 (ASL video phone)

Visit        an EEOC field ofice (information at www.eeoc.gov/field-ofice)

E-Mail     info@eeoc.gov

Additional information about the EEOC, including information about filing a charge of discrimination, is available at www.eeoc.gov.

EMPLOYERS HOLDING FEDERAL CONTRACTS OR SUBCONTRACTS

The Department of Labor’s Ofice of Federal Contract Compliance Programs (OFCCP) enforces the nondiscrimination and afirmative action commitments of companies doing business with the Federal Government. If you are applying for a job with, or are an employee of, a company with a Federal contract or subcontract, you are protected under Federal law from discrimination on the following bases:

Race, Color, Religion, Sex, Sexual Orientation, Gender Identity, National Origin

Executive Order 11246, as amended, prohibits employment discrimination by Federal contractors based on race, color, religion, sex, sexual orientation, gender identity, or national origin, and requires afirmative action to ensure equality of opportunity in all aspects of employment.

Asking About, Disclosing, or Discussing Pay

Executive Order 11246, as amended, protects applicants and employees of Federal contractors from discrimination based on inquiring about, disclosing, or discussing their compensation or the compensation of other applicants or employees.

Disability

Section 503 of the Rehabilitation Act of 1973, as amended, protects qualified individuals with disabilities from discrimination in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment by Federal contractors. Disability discrimination includes not making reasonable accommodation to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, barring undue hardship to the employer. Section 503 also requires that Federal contractors take afirmative action to employ and advance in employment qualified individuals with disabilities at all levels of employment, including the executive level.

Protected Veteran Status

The Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended, 38 U.S.C. 4212, prohibits employment discrimination against, and requires afirmative action to recruit, employ, and advance in employment, disabled veterans, recently separated veterans (i.e., within three years of discharge or release from active duty), active duty wartime or campaign badge veterans, or Armed Forces service medal veterans.

Retaliation

Retaliation is prohibited against a person who files a complaint of discrimination, participates in an OFCCP proceeding, or otherwise opposes discrimination by Federal contractors under these Federal laws.

Any person who believes a contractor has violated its nondiscrimination or afirmative action obligations under OFCCP’s authorities should contact immediately:

The Ofice of Federal Contract Compliance Programs (OFCCP) U.S. Department of Labor
200 Constitution Avenue, N.W. Washington, D.C. 20210 1–800–397–6251 (toll-free)

If you are deaf, hard of hearing, or have a speech disability, please dial 7–1–1 to access telecommunications relay services. OFCCP may also be contacted by submiting a question online to OFCCP’s Help Desk at https://ofccphelpdesk.dol.gov/s/, or by calling an OFCCP regional or district ofice, listed in most telephone directories under U.S. Government, Department of Labor and on OFCCP’s “Contact Us” webpage at https://www.dol.gov/agencies/ofccp/contact.

PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE

Race, Color, National Origin, Sex

In addition to the protections of Title VII of the Civil Rights Act of 1964, as amended, Title VI of the Civil Rights Act of 1964, as amended, prohibits discrimination on the basis of race, color or national origin in programs or activities receiving Federal finan-cial assistance. Employment discrimination is covered by Title VI if the primary objective of the financial assistance is provision of
employment, or where employment discrimination causes or may cause discrimination in providing services under such programs. Title IX of the Education Amendments of 1972 prohibits employ-ment discrimination on the basis of sex in educational programs or activities which receive Federal financial assistance.

Individuals with Disabilities

Section 504 of the Rehabilitation Act of 1973, as amended, prohibits employment discrimination on the basis of disability in any program or activity which receives Federal financial assistance. Discrimination is prohibited in all aspects of employment against persons with disabilities who, with or without reasonable accommodation, can perform the essential functions of the job.

If you believe you have been discriminated against in a program of any institution which receives Federal financial assistance, you should immediately contact the Federal agency providing such assistance.

(Revised 10/20/2022)

EMPLOYEE RIGHTS UNDER THE FAMILY AND MEDICAL LEAVE ACT

THE UNITED STATES DEPARTMENT OF LABOR WAGE AND HOUR DIVISION

LEAVE ENTITLEMENTS

Eligible employees who work for a covered employer can take up to 12 weeks of unpaid, job-protected leave in a 12-month period for the following reasons:

•	The birth of a child or placement of a child for adoption or foster care;

•	To bond with a child (leave must be taken within 1 year of the child’s birth or placement);

•	To care for the employee’s spouse, child, or parent who has a qualifying serious health condition;

•	For the employee’s own qualifying serious health condition that makes the employee unable to perform the employee’s job; •	For qualifying exigencies related to the foreign deployment of a military member who is the employee’s spouse,
child, or parent.

An eligible employee who is a covered servicemember’s spouse, child, parent, or next of kin may also take up to 26 weeks of FMLA leave in a single 12-month period to care for the servicemember with a serious injury or illness.

An employee does not need to use leave in one block. When it is medically necessary or otherwise permitted, employees may take leave intermittently or on a reduced schedule.

Employees may choose, or an employer may require, use of accrued paid leave while taking FMLA leave. If an employee substitutes accrued paid leave for FMLA leave, the employee must comply with the employer’s normal paid leave policies.

BENEFITS & PROTECTIONS

While employees are on FMLA leave, employers must continue health insurance coverage as if the employees were not on leave.

Upon return from FMLA leave, most employees must be restored to the same job or one nearly identical to it with equivalent pay, benefits, and other employment terms and conditions.

An employer may not interfere with an individual’s FMLA rights or retaliate against someone for using or trying to use FMLA leave, opposing any practice made unlawful by the FMLA, or being involved in any proceeding under or related to the FMLA.

ELIGIBILITY	An employee who works for a covered employer must meet three criteria in order to be eligible for FMLA leave. The employee must:

REQUIREMENTS	• • •

Have worked for the employer for at least 12 months;

Have at least 1,250 hours of service in the 12 months before taking leave;* and

Work at a location where the employer has at least 50 employees within 75 miles of the employee’s worksite.

*Special “hours of service” requirements apply to airline flight crew employees.

REQUESTING LEAVE

Generally, employees must give 30-days’ advance notice of the need for FMLA leave. If it is not possible to give 30-days’ notice, an employee must notify the employer as soon as possible and, generally, follow the employer’s usual procedures.

Employees do not have to share a medical diagnosis, but must provide enough information to the employer so it can determine if the leave qualifies for FMLA protection. Sufficient information could include informing an employer that the employee is or will be unable to perform his or her job functions, that a family member cannot perform daily activities, or that hospitalization or continuing medical treatment is necessary. Employees must inform the employer if the need for leave is for a reason for which FMLA leave was previously taken or certified.

Employers can require a certification or periodic recertification supporting the need for leave. If the employer determines that the certification is incomplete, it must provide a written notice indicating what additional information is required.

EMPLOYER RESPONSIBILITIES

Once an employer becomes aware that an employee’s need for leave is for a reason that may qualify under the FMLA, the employer must notify the employee if he or she is eligible for FMLA leave and, if eligible, must also provide a notice of rights and responsibilities under the FMLA. If the employee is not eligible, the employer must provide a reason for ineligibility.

Employers must notify its employees if leave will be designated as FMLA leave, and if so, how much leave will be designated as FMLA leave.

ENFORCEMENT

Employees may file a complaint with the U.S. Department of Labor, Wage and Hour Division, or may bring a private lawsuit against an employer.

The FMLA does not affect any federal or state law prohibiting discrimination or supersede any state or local law or collective bargaining agreement that provides greater family or medical leave rights.

For additional information or to file a complaint:

1-866-4-USWAGE (1-866-487-9243)      TTY: 1-877-889-5627

www.dol.gov/whd U.S. Department of Labor      Wage and Hour Division

WH1420 REV 04/16

EMPLOYEE UNDER THE FAIR LABOR

RIGHTS STANDARDS ACT

The law requires employers to display this poster where employees can readily see it.

OVERTIME PAY

CHILD LABOR

TIP CREDIT

NURSING MOTHERS

ENFORCEMENT

At least 1½ times the regular rate of pay for all hours worked over 40 in a workweek.

An employee must be at least 16 years old to work in most non-farm jobs and at least 18 to work in non-farm jobs declared hazardous by the Secretary of Labor. Youths 14 and 15 years old may work outside school hours in various non-manufacturing, non-mining, non-hazardous jobs with certain work hours restrictions. Different rules apply in agricultural employment.

Employers of “tipped employees” who meet certain conditions may claim a partial wage credit based on tips received by their employees. Employers must pay tipped employees a cash wage of at least $2.13 per hour if they claim a tip credit against their minimum wage obligation. If an employee’s tips combined with the employer’s cash wage of at least $2.13 per hour do not equal the minimum hourly wage, the employer must make up the difference.

The FLSA requires employers to provide reasonable break time for a nursing mother employee who is subject to the FLSA’s overtime requirements in order for the employee to express breast milk for her nursing child for one year after the child’s birth each time such employee has a need to express breast milk. Employers are also required to provide a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by the employee to express breast milk.

The Department has authority to recover back wages and an equal amount in liquidated damages in instances of minimum wage, overtime, and other violations. The Department may litigate and/or recommend criminal prosecution. Employers may be assessed civil money penalties for each willful or repeated violation of the minimum wage or overtime pay provisions of the law.
Civil money penalties may also be assessed for violations of the FLSA’s child labor provisions. Heightened civil money penalties may be assessed for each child labor violation that results in the death or serious injury of any minor employee, and such assessments may be doubled when the violations are determined to be willful or repeated. The law also prohibits retaliating against or
discharging workers who file a complaint or participate in any proceeding under the FLSA.

ADDITIONAL INFORMATION

• Certain occupations and establishments are exempt from the minimum wage, and/or overtime pay provisions.

• Special provisions apply to workers in American Samoa, the Commonwealth of the Northern Mariana Islands, and the Commonwealth of Puerto Rico.

• Some state laws provide greater employee protections; employers must comply with both.

• Some employers incorrectly classify workers as “independent contractors” when they are actually employees under the FLSA. It is important to know the difference between the two because employees (unless exempt) are entitled to the FLSA’s minimum wage and overtime pay protections and correctly classified independent contractors are not.

• Certain full-time students, student learners, apprentices, and workers with disabilities may be

paid less than the minimum wage under special certificates issued by the Department of Labor.

WAGE AND HOUR DIVISION

UNITED STATES DEPARTMENT OF LABOR

1-866-487-9243 TTY: 1-877-889-5627
www.dol.gov/whd

WH1088 REV 07/16

OSHA 3165-04R 2019
Job Safety and Health U.S. Department of Labor	IT’S THE LAW!

All workers have the right to:	Employers must:

ƒA safe workplace.

ƒRaise a safety or health concern with your employer or OSHA, or report a work-related injury or illness, without being retaliated against.

ƒReceive information and training on job hazards, including all hazardous substances in your workplace.

ƒRequest a confidential OSHA inspection of your workplace if you believe there are unsafe or unhealthy conditions. You have the right to have a representative contact OSHA on your behalf.

ƒParticipate (or have your representative participate) in an OSHA inspection and
speak in private to the inspector.

ƒProvide employees a workplace free from recognized hazards. It is illegal to retaliate against an employee for using any of their rights under the law, including raising a health and safety concern with you or with OSHA, or reporting a work-related injury or illness.

ƒComply with all applicable OSHA standards.

ƒNotify OSHA within 8 hours of a workplace fatality or within 24 hours of any work-related inpatient hospitalization, amputation, or loss of an eye.

ƒProvide required training to all workers in a language and vocabulary they can understand.

ƒProminently display this poster in the workplace.

ƒPost OSHA citations at or near the place of

the alleged violations.

ƒFile a complaint with OSHA within 30 days (by phone, online or by mail) if you have been retaliated against for using your rights.

ƒSee any OSHA citations issued to your employer.

ƒRequest copies of your medical records, tests that measure hazards in the workplace, and
the workplace injury and illness log.

On-Site Consultation services are available to small and medium-sized employers, without citation or penalty, through OSHA-supported
consultation programs in every state.

This poster is available free from OSHA.

Contact OSHA. We can help.

1-800-321-OSHA (6742) • TTY 1-877-889-5627 • www.osha.gov

military service or, in some cases, a comparable job.
✩✩ are a past or present member of the uniformed service;
then an employer may not deny you:
✩✩ reemployment;
the military.
H	H

H	H
YOUR RIGHTS UNDER USERRA THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT

USERRA protects the job rights of individuals who voluntarily or involuntarily leave employment positions to undertake military service or certain types of service in the National Disaster Medical System. USERRA also prohibits employers from discriminating against past and present members of the uniformed services, and applicants to the uniformed services.
	
REEMPLOYMENT RIGHTS	HEALTH INSURANCE PROTECTION

You have the right to be reemployed in your civilian job if you leave that	✩✩ If you leave your job to perform military service, you have the right job to perform service in the uniformed service and:                                         to elect to continue your existing employer-based health plan
✩✩ you ensure that your employer receives advance written or verbal	coverage for you and your dependents for up to 24 months while in notice of your service;
✩✩ you have five years or less of cumulative service in the uniformed	✩✩ Even if you don’t elect to continue coverage during your military services while with that particular employer;                                             service, you have the right to be reinstated in your employer’s
✩✩ you return to work or apply for reemployment in a timely manner                health plan when you are reemployed, generally without any waiting after conclusion of service; and                                                               periods or exclusions (e.g., pre-existing condition exclusions) except
✩✩ you have not been separated from service with a disqualifying	for service-connected illnesses or injuries.
discharge or under other than honorable conditions.
If you are eligible to be reemployed, you must be restored to the job	ENFORCEMENT
and benefits you would have attained if you had not been absent due to	✩ The U.S. Departmentof Labor, VeteransEmploymentand Training Service (VETS) isauthorized to investigate and resolve complaintsof USERRA violations.
RIGHT TO BE FREE FROM DISCRIMINATION AND RETALIATION       ✩ For assistance infiling acomplaint, or for anyother informationon If you:                                                                                                        USERRA, contactVETSat1-866-4-USA-DOLor visititswebsite at https://www.dol.gov/agencies/vets/. An interactive online USERRA
Advisor canbe viewed athttps://webapps.dol.gov/elaws/vets/userra ✩✩ have applied for membership in the uniformed service; or
✩✩ are obligated to serve in the uniformed service;	✩ If you file acomplaintwith VETSand VETSisunable toresolve it,you mayrequestthatyour case be referred tothe Departmentof Justice or
the Office of Special Counsel, asapplicable, for representation.
✩✩ initial employment;	✩ You may also bypass the VETS process and bring a civil action against ✩✩ retention in employment;                                                                        an employer for violations of USERRA.
✩✩ promotion; or
✩✩ any benefit of employment
because of this status.

In addition, an employer may not retaliate against anyone assisting in the enforcement of USERRA rights, including testifying or making a statement in connection with a proceeding under USERRA, even if that person has no service connection.

The rights listed here may vary depending on the circumstances. The text of this notice was prepared by VETS, and may be viewed on the internet at this address: https://www.dol.gov/agencies/vets/programs/userra/poster Federal law requires employers to notify employees of their rights under USERRA, and employers may meet this requirement by displaying the text of this notice where they customarily place notices for employees.

U.S. Department of Labor	U.S. Department of Justice	Office of Special Counsel	1-800-336-4590
1-866-487-2365	Publication Date — May 2022