A New York employment contract establishes a relationship between an employer and an employee. It assists employers in relaying the terms and conditions of employment when hiring new workers. The contract details information such as the compensation an employee will receive, their job responsibilities, and any clauses the employer may wish to include.
In New York, an employment contract must be created in accordance with both parties’ intent. It also must contain an offer, acceptance, and consideration [1] .
Creates the expectations for a client-contractor relationship.
Outlines the arrangement between a subcontractor and a contractor.
Allows an employer to protect a business's information by prohibiting an employee from engaging in certain activities.
You need to be aware of the New York labor laws and requirements before you write your New York employment contract.
New York is an at-will employment state. There are also exceptions to the at-will employment rules.
The minimum wage in New York is $14.20/hour through December 31, 2023. Also, through December 31, 2023, the minimum wage in Long Island and Westchester is $15.00/hour.
On January 1, 2024, there’s a scheduled minimum wage increase to $15.00/hour for the state and $16.00/hour for Long Island and Westchester [2] .
Employment certificates are required in New York for minors under 18. Employment certificates can be obtained from the minor’s school. Child performers employed in the entertainment industry will require an employment certificate from the New York Department of Labor.
New York divides working papers into three categories [3] :
New York requires employers to pay manual workers weekly. Semi-monthly paydays are allowed upon approval for manual workers and for clerical and other workers.
Minimum paid rest periods are not required in New York.
However, meal periods are required. If an employee works over six hours, they must be allowed at least 30 minutes of unpaid time off. Employers must also provide certain employees a full 24-hour rest period in each calendar week [4] .
New York employers must maintain payroll records for at least six years [5] . Some other recordkeeping requirements they must follow include:
Download a New York employment contract in PDF or Word format below.
