New York has no law addressing drug testing in private employment and so, drug testing is not prohibited or restricted, unless it violates other legal provisions (such anti-discrimination rules). An employer may enforce an established substance abuse or alcohol program or workplace policy. 9 N.Y.C.R.R. § 466.11(h)(6)(ii), N.Y. City Human Rights Law, N.Y. City Admin. Code § 8-107(14)(c). If an employer wishes to drug test, it must adopt a policy (we can help with developing one). The policy can require tests at random, without suspicion, and without advance notice of when the test will take…Read More
The distinction between salaried and hourly employees is based on the type of work done and status as exempt or not exempt from overtime. In general, if except an employee’s salary is at least $100,000 annually, salaried employees may be eligible for overtime if their average weekly pay is less than the minimum set by the NY Department of Labor (for NYC in 2017 $787.50/week, 2018 $900.00/week and 2019 $1,012.50/week). If the salaried employee’s pay is under the minimum, they must be paid 1 1/2 times their hourly calculated rate, for any hours worked over…Read More
