3 Employment Law Myths NYC Workers Need to Know

New York City workers must be aware of their rights and obligations in the workplace. Unfortunately, there are many misconceptions about employment law that can lead you astray. Believing any of the common myths can lead to unfair treatment, underpayment, and other problems.

Here are three common employment law myths debunked for New York City workers:

Myth: You Cannot Terminate an Employee Without a Reason

It is a common misconception that employers cannot terminate employees at any time without consequence. Like most states, New York is an at-will employment state and employers can end an employment relationship with an employee for any time and for any reason.

However, this could soon change or the city might at least offer additional protection to workers.

In December 2022, three New York City Council Members proposed a bill that would essentially do away with the concept of “at will” employment. Called the Secure Jobs Act, the law would protect employees who have passed their probationary work period from termination without just cause or bona fide economic reason.

The law would require that employers show several factors are present for an employee to be justifiably terminated.

Myth: Employees Have No Rights If They Sign a Contract

Another myth is that signing a contract takes away all of your rights as an employee. This is not true.

Contracts do outline certain terms and conditions related to employment such as wages and benefits. However, they cannot strip away basic rights guaranteed by federal and state laws such as the right to be free from discrimination or wrongful termination.

It’s important to read any contract carefully before signing it to ensure it does not contain any clauses that could violate your rights as an employee.

Myth: All Tips Belong to the Employer

Do you work in the service industry? Have you been told that you must turn over your tips to your employer?

This isn’t always the case.

In New York City, no matter the specific instance, your wages plus the tip credit must at least equal the legal minimum wage.

Different industries have different rules regarding tips. To learn more, check out this information from the New York City BAR.

Additionally, you might want to speak to an employment attorney if you believe your employer is not handling your tips legally.

Know Your Rights

In addition to knowing which employment myths aren’t true, New York City workers must understand their basic employment rights. The laws are there to protect your rights as an employee in NYC. This includes the right to a safe, healthy, and fair working environment.

According to the Fair Labor Standards Act (FLSA), all employers must provide non-exempt employees with certain protections such as:

• Minimum wage and overtime pay
• Job safety regulations
• Prohibition of discrimination based on race, gender, age, or disability

You also have the right to report any violation of these laws. And if you do, your employer is prohibited from retaliating against you for doing so.

It’s important for employers and employees alike to be aware of their respective roles under applicable state and federal laws so they can ensure compliance while protecting themselves from potential legal action down the line should any disputes arise between them or other parties involved in their labor relationship.

For more information or to speak to someone about your rights in the workplace, contact Borrelli & Associates, P.L.L.C.