What clauses are required in a New York Employment Agreement?

New York law requires specific provisions including: New York At-Will Employment, Wage Payment Requirements, Wage Theft Prevention Act Notice. contract.diy automatically includes all mandatory clauses with proper legal citations when generating your Employment Agreement.

What terms are prohibited in a New York Employment Agreement?

Under New York law, certain provisions are void or unenforceable, including: Salary history inquiry or requirement; Non-disclosure clause preventing disclosure of workplace harassment. contract.diy is built to avoid these terms and will warn you if your description suggests including something that's not legally permissible.

How does contract.diy ensure my Employment Agreement complies with New York law?

Every generated contract goes through 12 automated compliance checks specific to New York. These cover mandatory provisions, prohibited terms, proper citations, and formation requirements. Any issues are flagged before you download.

Can I use this Employment Agreement template outside of New York?

This template is specifically tailored to New York law. Using it in another jurisdiction may result in missing requirements or including provisions that don't apply. We recommend generating a new contract with the correct jurisdiction selected for full compliance.

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Employment Agreement for New York

Generate a employment agreement that complies with New York law — with 7 mandatory clauses and 12 compliance checks built in.

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Key legal considerations

You are generating a New York employment agreement. KEY REQUIREMENTS: (1) NY is an at-will state, but Murphy v. American Home Products (58 N.Y.2d 293) eliminated the tort claim for wrongful discharge — termination remedies are contractual. (2) Wage Theft Prevention Act (Lab. Law § 195): must provide written wage notice at hire. (3) Payment frequency: manual workers paid weekly, others semi-monthly (Lab. Law § 191). (4) NY WARN Act requires 90 DAYS' notice (not 60 like federal) for mass layoffs of 25+ employees. (5) No salary history inquiries (Lab. Law § 194-a). (6) Pay transparency: disclose compensation range (Lab. Law § 194-b, NYC Local Law 32). (7) Sexual harassment: NO mandatory arbitration (CPLR § 7515), NDAs must comply with GOL § 5-336. (8) NY Human Rights Law (Exec. Law § 296) covers more categories than Title VII. NYC Human Rights Law (Admin. Code § 8-107) is even broader — applies to employers with 4+ employees. (9) Paid Family Leave: up to 12 weeks at 67% of AWW. (10) Paid sick leave: 40–56 hours depending on employer size (Lab. Law § 196-b). (11) NYC: also Earned Safe and Sick Time Act (up to 56 hours).

What's required

Mandatory clauses for a valid employment agreement under New York law.

New York At-Will Employment
NY common law at-will doctrine; Murphy v. American Home Products Corp., 58 N.Y.2d 293 (1983)
Wage Payment Requirements
NY Lab. Law § 191
Wage Theft Prevention Act Notice
NY Lab. Law § 195(1) (Wage Theft Prevention Act)
NY Human Rights Law Compliance
NY Exec. Law § 296; NYC Admin. Code § 8-107
Pay Transparency Compliance
NY Lab. Law § 194-b; NYC Int. 134-A (Local Law 32)
Paid Leave Entitlements
NY Workers' Comp. Law Art. 9; NY Lab. Law § 196-b; NYC Admin. Code § 20-911
At-Will Employment Notice
Common law at-will doctrine

What's prohibited

Terms and provisions that are void or unenforceable under New York law.

Salary history inquiry or requirement
New York State Labor Law § 194-a and NYC Int. 1253-2016 prohibit employers from inquiring about or relying on a prospective employee's salary history in determining compensation.
NY Lab. Law § 194-a; NYC Int. 1253-2016
Non-disclosure clause preventing disclosure of workplace harassment
Employment agreements cannot include provisions that prevent employees from disclosing facts related to sexual harassment claims, except under specific procedural requirements (GOL § 5-336).
NY Gen. Oblig. Law § 5-336
Mandatory arbitration of sexual harassment claims
New York CPLR § 7515 prohibits mandatory arbitration of sexual harassment claims in employment agreements (with limited exceptions for collective bargaining agreements).
NY CPLR § 7515

Legal references

Key statutes and regulations that govern employment agreements in New York.

New York Labor Law
NY Lab. Law § 1 et seq.
Comprehensive state employment law including wages, hours, workplace safety, and employee protections.
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New York State Human Rights Law
NY Exec. Law § 290 et seq.
Prohibits discrimination in employment based on protected characteristics including age, race, gender identity, sexual orientation, and more. Broader than federal Title VII.
New York WARN Act
NY Lab. Law §§ 860–860-i
Requires 90 days' advance notice (stricter than the federal 60-day requirement) for mass layoffs, plant closings, or relocations affecting 25+ employees.
Wage Theft Prevention Act
NY Lab. Law § 195
Requires employers to provide written wage notices at time of hire and with each paycheck.
New York Paid Family Leave
NY Workers' Comp. Law Art. 9
Provides up to 12 weeks of paid leave at 67% of average weekly wage for bonding, caregiving, or military family needs.
NYC Human Rights Law
NYC Admin. Code § 8-107
One of the broadest anti-discrimination laws in the US. Applies to employers with 4+ employees in NYC. Covers additional protected categories beyond state and federal law.
Fair Labor Standards Act
29 U.S.C. § 201 et seq.
Federal minimum wage, overtime, and employment classification requirements.
Title VII of the Civil Rights Act
42 U.S.C. § 2000e et seq.
Prohibits employment discrimination based on race, color, religion, sex, or national origin.