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If a company in New York does not have an employee handbook, it may face challenges in enforcing policies and managing employee expectations. Without a clear framework, misunderstandings can arise, leading to potential conflicts or grievances. Implementing a New York Holiday Schedule for Personnel or Employee Manual or Handbook can address these issues, ensuring that everyone understands their rights and responsibilities in the workplace.
Section 190(4) of the New York State Labor Law defines a manual worker as a mechanic, workingman or laborer. It has been the long-standing interpretation of this Department that individuals who spend more than 25% of working time engaged in physical labor fit within the meaning of the term manual worker.
New York employers should provide each new employee with a New York State Form IT-2104, Employee's Withholding Allowance Certificate, as well as a federal Form W-4. See Employee Withholding Forms. Employers in certain industries must obtain statements from new hires.
New York law does not require private employers to provide employees with either paid or unpaid holiday leave. In New York, a private employer can require an employee to work holidays.
While not required by State or Federal law, New York businesses should consider including these policies in their Employee Handbook: Outside Employment Policy. Health and Safety Policy.
Most employers are surprised to learn that California does not require companies to have an employee handbook. However, the Fair Employment and Housing Act (FEHA) requires that California employers with at least five employees distribute written harassment, discrimination, and retaliation prevention policies.
Many private sector employees who work on holidays may qualify for holiday pay (150% of hourly rate), or get paid days off, but it's up to the employer and may be included in your employment contract. Federal legal holidays include New Year's Day, Thanksgiving, Labor Day, and Christmas, just to name a few.
Holiday compensation, except as noted below, is calculated at the rate of 1/10 of the normal biweekly gross salary, including any additional salary factors (pre-shift briefing pay is excluded). Holiday pay for less than a full day is prorated.
And if your company doesn't have a handbook, managers and employees will need to rely on the company's institutional memory to ensure that policies are consistently applied. Work policies and expectations also take on more importance and are more likely to be followed when you document them in an official handbook.
Am I required to have an employee handbook? California does not require employers to have a handbook. However, if you create a handbook, there are policies that must be included.