New York has some of the most worker-protective employment laws in the country — from the Freelance Isn't Free Act to 12-week Paid Family Leave and a 90-day WARN Act. WorkGenius becomes your legal employer, keeping you fully compliant while you focus on your business.
Originally a New York City law, the Freelance Isn't Free Act expanded statewide in August 2024. It requires written contracts for freelance engagements over $800, mandates payment within 30 days of completion, and prohibits retaliation against workers who assert their rights. Getting it wrong exposes you to double damages and attorney's fees.
Get AB5-Compliant TodayNew York's layered employment laws require constant attention. We take them entirely off your plate.
Every engagement gets a compliant written contract covering scope, rate, and payment terms. Payment timelines tracked and enforced automatically — zero risk of double-damage penalties.
NYC and regional minimum wage calculations, Paid Family Leave deductions, SDI withholding, and detailed wage notices required under the Wage Theft Prevention Act — all handled on every pay cycle.
New York City requires salary ranges in all job postings. We ensure every listing and offer letter includes compliant compensation disclosures.
NY Paid Family Leave deductions, disability insurance (DBL), ACA-compliant health coverage, and all NYC-specific benefit mandates — enrolled and administered.
Annual wage notices in the employee's primary language, detailed pay stubs with all required disclosures. Auditable records maintained for the full 6-year retention period.
90-day advance notice for qualifying mass layoffs, compliant separation documentation, final pay on the next scheduled payday, and COBRA administration.
Most EOR providers use manual checklists. WorkGenius runs New York's layered employment rules directly in the platform — FIFA contracts, PFL deductions, wage notices — automatically, on every payroll cycle.
Beyond the Freelance Isn't Free Act, New York stacks multiple additional requirements on top of federal law.
New York State requires up to 56 hours of paid sick leave per year for employers with 100+ employees, 40 hours for smaller employers. NYC has its own additional sick leave rules. WorkGenius tracks accrual, usage, and documentation.
New York's PFL provides 12 weeks of job-protected, partially paid leave for bonding, family care, or qualifying military events. It's funded entirely through employee payroll deductions — WorkGenius calculates and remits contributions automatically.
Employers must provide written wage notices at hire (and annually) in the employee's primary language. Pay stubs must include hours worked, pay rate, deductions, and more. Non-compliance carries penalties up to $5,000 per employee.
Since November 2022, NYC employers with 4+ employees must include a good-faith salary range in all job postings. WorkGenius ensures every offer letter and posting meets this requirement for NYC-based workers.
From first conversation to fully compliant employment — typically within days.
Workers, roles, locations, and start dates. We tailor the setup to your needs.
Our AI runs every worker through California's ABC test. We prepare compliant contracts and payroll setup.
Onboarded with California-compliant contracts, benefits enrolled, payroll running from day one.
Payroll runs with daily OT. Taxes filed. Compliance monitored. One weekly invoice.
Yes. The Freelance Isn't Free Act applies based on where the worker performs services, not where your company is headquartered. If you're engaging a freelancer who works in New York — including remotely — you must provide a compliant written contract for any engagement valued at $800 or more. WorkGenius handles this for every New York engagement automatically.
New York Paid Family Leave (PFL) provides eligible employees up to 12 weeks of job-protected leave at 67% of their average weekly wage (capped at a percentage of the state average weekly wage). Unlike most leave programs, PFL is fully funded through small employee payroll deductions — the employer does not contribute directly. WorkGenius calculates and remits PFL contributions on every payroll run.
New York follows the federal standard: overtime is owed after 40 hours in a workweek at 1.5× the regular rate. Unlike California, there is no daily overtime threshold. However, New York's minimum wage is higher than federal, which affects the overtime base rate — especially in NYC and surrounding counties where the minimum is $17.00/hr.
New York requires that a terminated employee's final paycheck be delivered on or before the next regular payday. This is less immediate than California's same-day rule, but still requires active management. WorkGenius tracks termination dates and ensures final pay is processed on time to avoid wage theft penalties.
Non-compete agreements are still generally enforceable in New York if they are reasonable in scope, geography, and duration, and protect a legitimate business interest. However, New York courts scrutinize them closely and will not enforce overly broad restrictions. WorkGenius drafts employment agreements that protect your business interests while staying within what New York courts will uphold.
New York's WARN Act requires 90 days' advance notice for mass layoffs or plant closings — compared to 60 days under the federal WARN Act. It applies to employers with 50 or more full-time employees in New York (vs. 100 federal). The notice must go to affected employees, the state, and the local workforce investment board. WorkGenius monitors your workforce size and advises on WARN obligations before any restructuring.
WorkGenius handles AB5 classification, California payroll, benefits, and every other compliance requirement so you don't have to. Get started today.
No commitment required. Free consultation included.