9 Rights You Have as an Employee

As an employee in New York or New Jersey, you have legal rights that protect you in the workplace. You also have specific rights as a NYC employee, and an employment lawyer familiar with all the state and local laws can help you fight for your rights and for fair and lawful treatment by your employer.

From Your Employee Rights Lawyer: 9 Rights You Have as an Employee 

1. The Right to a Minimum Wage 

The minimum wage in New York State varies depending on the location and size of the employer. For instance, as of 2023, employers in New York City, Nassau, Suffolk, and Westchester counties must pay a minimum wage of $15.00 per hour, while employers in the remainder of New York State must pay a minimum wage of $14.20 per hour. 

In New Jersey, the minimum wage as of 2023 is $14.13 per hour for most employees. These rates are subject to annual increases based on set schedules and inflation adjustments. It is important for you to always be aware of the specific minimum wage applicable to your situation.

2. The Right to Overtime Pay 

In both states, the law stipulates that employees are entitled to overtime pay, regardless of regular salary. In New York and in New Jersey, for all hours worked over 40 in a workweek, your overtime pay should be calculated at one and a half times your regular rate of pay.

This right ensures that you are fairly compensated for extended work hours. However, note that certain types of employees, such as professionals, executives, and administrative workers may be exempt from overtime under specific conditions.

3. The Right to a Safe and Healthy Work Environment 

Employees in both states have the right to a safe and healthy work environment. This includes the right to have access to all necessary safety equipment, training, and a workplace that adheres to occupational safety standards.

Employers are required to follow safety guidelines set by the Occupational Safety and Health Administration (OSHA) as well as all state-specific regulations. If you believe your workplace is unsafe or your health is at risk, you have the right to report these conditions without fear of retaliation.

4. Right to Be Free from Discrimination 

Anti-discrimination laws in New York and in New Jersey protect you from discriminatory treatment based on race, color, national origin, religion, sex, age, disability, sexual orientation, gender identity, and other protected characteristics. In New York City, the Human Rights Law provides additional protections, including against discrimination based on partnership status, immigration status, and unemployment status.

5. Right to Accommodations for Disabilities and Religious Practices 

Under the Americans with Disabilities Act and similar state laws, you have the right to reasonable accommodations for any disabilities you may have. This means that, if you have a disability, your employer must provide adjustments or modifications to the job or work environment unless doing so would cause undue hardship to the business.

Similarly, New York and New Jersey have laws that require employers to accommodate religious practices unless doing so would impose an undue hardship on the employer.  

5. Right to Family and Medical Leave 

The Family & Medical Leave Act is a federal law allowing covered employees up to 12 weeks of leave per year for their own or a family member’s serious health condition, pregnancy, adoption, or foster care placement.

The New Jersey Family Leave Act requires employees with at least 50 employees to grant up to 12 weeks of leave every 24 months, but solely for a family member’s serious health condition and not the employee’s own serious health condition, for employees of companies with at least 50 employees, and only after 12 months of employment and at least 1,250 work hours. The NJFLA defines “family member” broadly, including blood relatives, in-laws, grandparents, domestic partners, and individuals with a family-like association.

The New York Paid Family Leave Act is considered the strongest in the country, and it allows you to take time off to bond with a new child, care for a family member with a serious health condition, or assist loved ones when a family member is deployed abroad on active military service. You can take up to 12 weeks off, in one chunk or in smaller chunks, per year and receive 67% of your average weekly wage, up to a cap of 67% of the current New York State Average Weekly Wage.

6. The Right to Be Free from Harassment 

A key right you have as an employee is the right to be free from harassment in the workplace. This includes sexual harassment, as well as harassment based on any protected characteristic such as race, gender, age, or disability. Both states have strong laws that require employers to prevent and address harassment. Employers are obligated to investigate claims of harassment promptly and take appropriate action to stop it.

7. The Right to Paid Sick Leave 

If you work in New York City, you have the right to paid sick leave under the Earned Safe and Sick Time Act, which requires employers with 100 or more employees to provide up to 56 hours of paid leave each calendar year; and employees with 5 to 99 employees to provide up to 40 hours of paid leave each calendar year It all depends on the size of the employer and other particulars, so employees should discuss their rights with an employment lawyer.

New Jersey also has a statewide Paid Sick Leave law, which similarly provides up to 40 hours of paid sick leave per year and can be used for your own illness or to care for sick family members.

8. The Right to Pregnancy Accommodations 

If you are pregnant or have a pregnancy-related condition, state laws require your employer to provide reasonable accommodations. This can include modifications to the work environment, changes in work schedules, and provision of necessary equipment to ensure your safety and health during pregnancy. Employers must treat you the same as any other employee with a temporary disability, and they cannot discriminate against you due to pregnancy or childbirth.

9. The Right to Whistleblower Protections 

As an employee, you are protected under whistleblower laws. These laws protect you from retaliation by an employer if you report illegal activities, unsafe work conditions, or other violations of law by the employer. This means that if you, in good faith, disclose or threaten to disclose to a supervisor or a public body an activity, policy, or practice of the employer that is in violation of a law, or which poses a substantial and specific danger to the public health or safety, you are protected from adverse employment actions like termination, demotion, or harassment.

Talk With a New York and New Jersey Employment Lawyer to Protect Your Rights 

The rights explained above are only some of the rights you enjoy as an employee in New York and New Jersey. If you suspect your rights have been violated, contact Katz Melinger PLLC to discuss your rights with experienced lawyers who know federal, state, and local employment laws and will fight for your rights.