What are my basic rights as a worker in New York?
Every worker, regardless of industry and immigration status, has the right to sick and safe leave, the right to be paid minimum wage, the right to be compensated for overtime work, the right to organize, the right to a discrimination-free workplace, and the right to a safe and healthy workplace.
What do I need to know about organizing in New York?
The New York State Employment Relations Act states that workers have the right to organize, bargain collectively, and strike without interference from an employer. These protections are enforced on a state level by the New York Division of Labor Standards.
Is New York a Right-To-Work State?
No. This means that if you get a job in a unionized workplace, your membership in the union may be required. Workers in states without right-to-work laws enjoy higher wages and better benefits than those in right-to-work states because unions are able to better negotiate on their behalf.
Is there industry-specific protection in New York?
If you are in New York City, the Department of Consumer and Worker Protection provides specific protections to fast food workers, retail workers, freelance workers, delivery workers, and paid care workers, regardless of immigration status. Included in all of these is the right to file a complaint.
How do I file a labor complaint if I'm not in a union?
In New York State, the New York Department of Labor handles labor complaints. You can mail in a form or call 1-888-52-LABOR.
In New York City, the NYC Department of Consumer and Worker Protection handles labor complaints. You can go ahead and file a complaint online.
And if you’re ready to start a union, contact us through the Get Support form below.
What is Janus's decision?
On June 27, 2018, the U.S. Supreme Court decided in Janus v. AFSCME, Council 31. The court ruled that the Constitution prohibits public employers and unions from entering into agreements that require bargaining unit members to pay an agency fee or a representation fee. The decision is available at Janus v. AFSCME, Council 31.
What are agency/representation fees?
Representation fees, also referred to as agency fees, are fees that are required for any employee in a bargaining unit who is not a union member to pay as a condition of employment. Representation fees resulted from collective bargaining agreements between employers and unions that required all employees to pay a fair share of the cost of collective bargaining. Before the Janus decision, employees in the bargaining unit could either join the union and pay full union dues or be a nonmember of the union and pay only a representation fee, which covered the costs related to collective bargaining and enforcement of the collective bargaining agreement. The Janus decision means that public employees who choose not to be a union member can no longer be required to pay a representation fee.
Does the Janus decision affect unions' obligations to represent all bargaining unit members?
The state’s collective bargaining laws require a bargaining representative certified by the Public Employee Relations Commissioner (PERC) or recognized by the public employer to represent all the public employees in the bargaining unit. The court’s decision does not change these laws. Employees in positions in a bargaining unit are still subject to the terms of the collective bargaining agreement.
What should the employer communicate to employees?
The employer is expected to remain neutral on union membership or nonmembership. Employees in a bargaining unit with questions about membership should contact their union.
How do you find your Opt-Out window?
Step 1
Fill out the form to opt out of dues deduction.
Step 2
Email your Agency Bureau Admin or Payroll Admin your Opt-Out form.
Step 3
Monitor your paychecks to make sure the dues deductions stop.