New York Telecommuting laws & HR compliance analysis

New York Telecommuting: What you need to know

The New York Department of Transportation encourages employers to allow employees to telecommute at least a few days per week to reduce traffic congestion. The state Department of Homeland Security and Emergency Services and the City of New York encourage employers to address telecommuting in their emergency planning as a way for employees to avoid coming into the workplace.
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The New York State Department of Civil Service allows telecommuting for certain positions. Both the employee and the manager must sign a Memorandum of Agreement outlining the details of the telecommuting arrangement.
New York requires wage supplements and benefits to be paid within 30 days, and failure to do so could constitute a misdemeanor (N.Y. Labor Law § 198c). Benefits and wage supplements include reimbursement for expenses within the meaning of the section, but it does not apply to employees in a bona fide executive, administrative, or professional role whose earnings exceed $900 per week.
Employers with 5 to 99 employees in the State of New York must provide up to 40 hours of paid leave per calendar year. Employers with four or fewer employees in the state and a net income of less than $1 million must allow employees to take up to 40 hours of unpaid leave. Employers with 100 or more employees must provide up to 56 hours of paid leave per calendar year. More information is available at the New York leave of absence section.
Generally, employers in the State of New York must provide employees who work more than 6 hours at least 30 minutes of unpaid time off for meals (N.Y. Labor Law § 162). Details and exceptions are available at the New York rest periods ...

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