Title VII of the Civil Rights Act protects employees in New York and around the country from employers' retaliatory acts after reporting violations, like sexual harassment. An employer, however, must intend that actions punish someone for lawful conduct before suffering liability for retaliation.
If a New York employer selects a candidate for any reason other than his or her qualifications, it could be seen as discrimination. As a general rule, employers are not allowed to discriminate against an applicant based on characteristics such as race, gender or national origin. To avoid discrimination, employers may be well served to create a list of important duties that an employee would need to fill.
If a New York worker or any other worker is considered exempt, he or she must receive a set wage each pay period. It is not allowable for an exempt employee to have his or her pay docked because of the quality or quantity of work performed. In other words, an exempt employee must be paid if he or she either works during a pay period or is willing to even if no work is available.
Federal law makes no provision at all for breaks. State law is ambiguous: while employees must be paid for these breaks, employers are not required to provide them.
Businesses in New York that hire interns usually have to pay those interns for their work, but there are some circumstances under which interns do not have to be paid. Under labor laws, there are six conditions that must be met in order for an intern to be an unpaid worker.