Labour Relations Act Of 2007 In New York
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Agency: New York State Department of Labor. Division: Division of Labor Standards Local Office. Phone Number: (888) 469-7365. Business Hours: Monday - Friday: AM - PM. Staff is available through the automated phone system during business hours. Call volume is often high. If you don't get through, call back later.
There are five categories of unfair labor practices for employers that are prohibited under the NLRA: Interference, restraint, or coercion. Employer domination or support of a labor organization. Discrimination on the basis of labor activity. Discrimination in retaliation for going to the NLRB. Refusal to bargain.
In New York, the new hire paperwork collection looks similar to that of other states: I-9 employment eligibility verification form (not required for volunteers, independent contractors, or unpaid interns) W-4 federal tax collection form. IT-2104 New York state tax withholding form.
A BOFE representative will review the report to determine whether to investigate the employer. If BOFE starts an investigation, it may inspect the worksite, issue citations for violations, work with the employer to correct the problem, and collect any unpaid wages owed to workers.
The issuance of a complaint leads to a hearing before an NLRB Administrative Law Judge (unless there is a settlement). After issuing a complaint, the NLRB becomes a representative for the charging party throughout settlement discussions and the Board process.
Under the NLRA, it is illegal for your employer to: Prohibit you from talking about or soliciting for a union during non-work time, such as before or after work or during break times; or from distributing union literature during non-work time, in non-work areas, such as parking lots or break rooms.
Employees in New York State are presumed to be “at-will,” meaning that the employment relationship can be terminated at any time for any reason, absent a law or contractual agreement to the contrary.
Employees have a right to sue to collect wages, but it is often more practical to complain to the Labor Standards Division of the New York State Department of Labor, which has many local offices around the state.
New York City's Labor Law 200, applying to laborers such as construction workers, describes the duty of employers and construction site owners “to protect the health and safety of employees” by assuring them of “reasonable and adequate protection” for any type of work they have been hired to perform.
Agency: New York State Department of Labor. Division: Division of Labor Standards Local Office. Phone Number: (888) 469-7365. Business Hours: Monday - Friday: AM - PM. Staff is available through the automated phone system during business hours. Call volume is often high. If you don't get through, call back later.