Iiemployers Covered/not Covered By The Law
Which employers are exempt under the law?
- Employers whose employees are covered by a collective bargaining agreement . Exception: If the employer has 20 or more full-time employees who are not covered by the CBA, the employer must offer these employees commuter benefits.
- United States, New York State, and New York City governments, including any office, department, independent agency, authority, institution, association, society, or other body of the state, including the legislature and the judiciary.
- Employers not required to pay federal, state, and City payroll taxes.
Does the law apply to chain businesses?Does the law apply to temporary help firms?Does an employer have to offer commuter benefits if its workforce is reduced to fewer than 20 full-time employees?
How Have Health Benefits In New York Changed Due To Covid
During the COVID-19 pandemic, employees and employers experiencing financial hardship were able to defer their health insurance premium payments until June 1, 2020. In addition, the state Department of Health required insurance companies to waive co-pays for telehealth visits in an attempt to encourage New Yorkers to seek remote medical examination rather than visiting a doctors office or hospital.
Payroll Deduction Savings Plans
A variety of savings plans are available through payroll deduction. The Deferred Compensation plan is a voluntary program that allows employees to invest part of their salaries for retirement on a tax-deferred basis. The U.S. Savings Bonds Payroll Savings Plan is another voluntary savings program. Employees can also save for their children’s education by contributing to New York’s College Savings Program.
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New York State Employees
We are honored to be the plan of choice for many New York State employees.
EmblemHealth offers quality, affordable health plans, convenient community resources, and access to top doctors and hospitals across the New York tristate area. Were committed to creating healthier futures for our members and our community.
As a NYSHIP EmblemHealth member, you have access to:
- Our team of AdvantageCare Physicians: With locations in all five borough and Long Island, we have an office near where you live, where you work, and in between.
- Health and wellness services and programs: Programs like heart disease and diabetes support, preventive cancer screenings, and help to stop smoking, that help you and your enrolled family members stay healthy.
- Discounts on health-related services. From weight loss to massage therapy, were here to make sure you get what you need at an affordable price.
- myEmblemHealth: Your secure health services websitekeeps your personal health care information in one convenient place. Once youve registered, you can check the status of a claim, order member ID cards, download forms, and much more.
Attention New Businesses: Mandatory Nys Employee Benefits Explained
If you are starting a new business in the Utica area and will have employees, there are New York State mandated coverages that you must have. The employee benefits coverages required include Workers Compensation Insurance , Disability Benefits , and Paid Family Leave .
And its not just for regular full time employees. Day labor, leased employees, borrowed employees, part-time employees, unpaid volunteers and most subcontractors.
You might wonder, subcontractors are employees? Not always, but Workers Comp laws are tricky. If youre not sure, call us. We can help you determine whether you might be responsible under the Workers Comp laws for a subcontractor you hire to perform work for you.
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Workers Compensation In New York State Under Covid
Due to the COVID-19 pandemic, the New York State Workers Compensation Board made several changes to the system. These changes include a relaxation of the 90-day requirement for medical evidence of ongoing disability, as well as extensions on certain deadlines.
Additionally, Executive Order 202.13 prohibits insurance carriers from canceling, non-renewing, or conditionally renewing insurance policies for both individuals and small businesses when financial hardship is caused by the spread of the novel coronavirus.
Working At Nypl: Employee Benefits
The New York Public Library offers an extensive benefits package which is very competitive with the nations leading libraries and other cultural organizations. The Librarys customized plans support the diversity of our employees by offering a wealth of resources and services. From health and wellness to supporting a positive work/life balance, we strive to meet the needs of our employees well-being.
Full time non union and union employees are eligible for the following benefits:
- Medical, Vision, Dental and Prescription Coverage for you and your eligible dependents
- 3 weeks for newly hired full time union employees
- 4 Weeks for newly hired full time non union employees
The Library offers many exciting programs to encourage employee wellness. Our employee assistance program offers a variety of services to all employees and their family members, including:
- Licensed counselors help with stress, depression, family issues, substance abuse and more
- Provider searches for primary care doctors, specialists, and mental health providers
- Assistance with financial and legal questions
We also offer the following:
For FT Non Union and Union Employees
- Pre-tax transit and parking benefits
- Backup child and elder care
- Options of Pre-tax flexible spending plans
For all employees
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Ny State Insurance Fund
Policies may also be purchased through NYSIF, a public insurance carrier. NYSIF is a not-for-profit agency of the State of New York that offers workers’ compensation, New York State disability benefits and Paid Family Leave insurance. It is a separate and distinct entity from the New York State Workers’ Compensation Board.
NYSIF must provide insurance to any employer seeking coverage, regardless of the employer’s type of business, safety record or size. However, if an employer owes NYSIF money from a previous bill or account, coverage can be denied.
Generous Leave Time :
Includes 13 days of paid vacation annually, plus bonus vacation days upon completion of years one through seven. After completing seven years of service, vacation is accrued at the rate of 20 days annually. Vacation credits may be accumulated and carried into the next year with generous limits.
Paid Sick Leave
Includes between eight and 13 days annually, depending on the employee’s negotiating unit. Sick leave credits may be accumulated and carried into the next year with generous limits.
- 5 Paid Personal Leave Days Annually
- 12 Paid Holidays Annually
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Vi Setting Up A Commuter Benefits Program
What is a commuter benefits program?Do full-time employees in New York City get commuter benefits through DCA?How do employees sign up for a commuter benefits program?How long does a commuter benefits program take to set up?What happens to an employees commuter benefits when the employee leaves a job?Can employees stop participating in a commuter benefits program?Which providers can help an employer offer a commuter benefits program to its full-time employees?
How does a commuter benefits program debit card work?Do employees need to keep receipts for purchases made using a commuter benefits program debit card?Are there administrative fees associated with using a provider?May an employer deduct the providers administrative fee from its full-time employees wages to set up a commuter benefits program?May an employer administer a commuter benefits program without a third-party provider?What if an employer already provides employees with a transit pass at its own expense?What if an employer already provides its employees with the opportunity to use pre-tax income to purchase qualified transportation fringe benefits?May an employer provide cash reimbursements to employees participating in a commuter benefits program?What if an employee elects not to enroll in an employers commuter benefits program but wants to participate at a later date?
V Transit Covered/not Covered By The Law
What types of transportation costs are covered under the law?Appendix ACan employees use their commuter benefits to pay the cost of more than one mode of transit during their commute?
|Scenario:George commutes to his full-time job at a bank in New York City using Long Island Rail Road and the subway. Can George use commuter benefits to pay for his train and subway costs? Yes. George can use his commuter benefits to pay for his LIRR ticket and his MetroCard. However, effective January 1, 2020, the monthly cap on pre-tax commuter benefits is $270 per month, so George may not be able to cover all of his expenses with pre-tax income.|
Does the law cover vanpooling?Does the law cover dollar vans or other commercial commuter van services?Does the law cover carpooling when employees who commute together use a privately owned vehicle?Does the law cover ridesharing transportation platforms, such as Via, Lyft, and UberPOOL, that offer transportation in a shared vehicle with a seating capacity of at least six adults ? Does the law cover ferry services into and within New York City?May employees use commuter benefits to pay for Access-A-Ride?May employees use commuter benefits to pay for discounted MetroCards under the Fair Fares NYC program?May employees use commuter benefits to pay for a reduced-fare MetroCard?Are CitiBikes covered by the law?
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Disability And Paid Family Leave Benefit Plans
Employers may provide New York State Disability and Paid Family Leave benefits to their eligible employees under a Board approved Plan. All Plans must be accepted by the Board and will need to adhere to the statutory requirements of the New York State Disability and Paid Family Leave Law . Once a Plan has been accepted by the Board, the employer must provide administration of these benefits from a licensed NYS insurance carrier, or by obtaining the Boards approval to administer benefits as a Self-Insured employer.
Has The Coronavirus Pandemic Affected New Yorks Vacation And Time Off Laws
Due to the COVID-19 pandemic, Governor Andrew Cuomo established new job protection and financial compensation guidelines that alter New Yorks standard paid leave arrangements. Some employers in New York, for example, are now required to provide at least five days of job-protected, paid sick leave.
The leave is available to employees who are under a mandatory or precautionary order of quarantineor who have a minor dependent who is under quarantinedue to COVID-19. In addition, New Yorks paid family leave law was expanded to include employees subject to a quarantine order or who must provide care to a minor dependent under quarantine.
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Ix Tax Questions Employers Employees
What are the tax implications of NYCs Commuter Benefits Law?What is the maximum monthly amount of pre-tax income that an employee can use to pay for qualifying transportation expenses?Are employers required to provide parking as a pre-tax benefit?How do employers benefit from their employees opting to pay for commuter benefits with pre-tax income?Why should an employee choose to pay for commuting costs with pre-tax income?What if the cost of an employees commute is more than $270 ?
New York City Offers Additional Protection To Workers
New York City extends additional rights to employees under its Domestic Workers Bill of Rights and its Human Rights Law. This includes protection against discrimination, retaliation, and harassment. Though there is some overlap, the citys bill goes further in the protections it offers to workers. You can read more about the Domestic Workers Bill of Rights here.
Laws in New York City and throughout the state protect all workers, regardless of whether they are United States citizens, legal permanent residents, or immigrants to the United States legally or illegally.
New York employers are not required to provide health insurance to employees or their families, nor do they need to provide retirement benefits. However, a new federal law could make it more appealing for employers to do so.
The Setting Every Community Up for Retirement Enhancement Act went into effect in 2020 and makes it easier for small businesses to combine forces and provide 401 and other retirement options to employees that previously would not have been an option. These Multiple Employer Plans reduce the cost of administering retirement plans, which means that companies that did not have the funds to offer them in the past can now do so if they are part of a combined effort.
Now, these small businesses can join with other companies. In theory, multiple employer plans will make it easier for them to offer attractive retirement plans to employees.
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Enhanced Disability And Paid Family Leave Benefits
An employer may choose to provide enhanced benefits such as increased monetary pay out, a shorter waiting period duration to collect benefits, or a longer duration for benefits to be paid. These benefits must be secured through a carrier licensed to write New York State statutory disability and paid family leave coverage or through Board approved self-insurance. These enhanced benefits are filed with the Board by the carrier or self-insured.
Your Fein Is Important
Each business that is a legal entity has its own, unique Federal Employer Identification Number assigned to it. The FEIN is the Board’s primary identification for that business.
Employers must notify their insurance carrier of FEIN when
- Obtaining or modifying disability and Paid Family Leave benefits coverage.
- Changing their legal entity type.
- Adding new legal entities to their business operations.
When an employer obtains an insurance policy, it is the insurer’s responsibility to electronically notify the Board of that coverage using the employer’s FEIN.
If the FEIN on your notice is the correct legal FEIN , contact your insurance carrier and request they submit the correct FEIN to the Board.
If the FEIN on the policy is the correct legal FEIN , send a copy of your CP575 issued by the Internal revenue Service to the New York State Department of Labor, Registration Section, State Office Campus, Building 12, Albany, NY 12240 or fax it to 485-8010.
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How Has Unemployment Changed In New York Due To Covid
For those who have lost employment due to closures related to the coronavirus, under the states PAUSE Act, New York State is waiving the seven-day waiting period typically instituted between application submission and collection of benefits.
Under the Federal Pandemic Unemployment Compensation clause of the Coronavirus Aid, Relief, and Economic Stability Act, states have the option of extending unemployment compensation to independent contractors. New York State took advantage of the opportunity and now permits self-employed individuals to file for unemployment insurance benefits, which they are typically unable to do under average circumstances.
Employers who must close and lay off employees during the coronavirus pandemic should understand their obligations under the federal Worker Adjustment and Retraining Notification Act of 1988. That law requires employers to provide employees with 60 calendar days advance notice of any workplace closings or mass layoffs that will last more than six months.
While it remains unclear how long the coronavirus pandemic and associated social distancing measures will last, employers who plan to lay off at least 50 full-time employees or one-third of their workforce should first consult an attorney about their obligations under the law.
Benefits Of Secure Act Not Yet Clear
It was expected that retirement plan providers would release new and improved retirement plan options at improved price points, but its a process that is advancing slowly. Plan providers are testing the waters in terms of demand for these types of plans and arent willing to invest much until they know there is a solid market.
If you have questions about the SECURE Act or you want to speak to someone about benefits you should be receiving from your employer, contact Borrelli & Associates, P.L.L.C. to schedule a free consultation.
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Have Disability Benefits Expanded In New York State Due To Covid
Due to COVID-19, New York State expanded disability benefits to provide additional salary continuation to some employees. Those who work for small or medium-sized businesses can use a combination of disability benefits and paid sick leave if they are required to quarantine. Visit the New York Paid Family Leave website for more information.
New York Employment Benefit Requirements
As an employee, there are certain benefits to which you are entitled. For instance, workers are guaranteed.
- A minimum wage, which varies based on where you are working in the state
- Overtime pay at 1.5 times your base rate when you work more than 40 hours in a calendar week
- One 24 hour period of rest per week or overtime pay should you agree to work seven consecutive days
- At least three paid days off after working for an employer for one year
- Protection against retaliation by your employer if you report them for any labor law violations
Employers are also required to pay unemployment insurance which could entitle you to unemployment benefits should you be terminated from your job. Likewise, your employer must pay Workers Compensation insurance that entitles you to benefits should you be injured while working. And finally, employers must pay disability insurance that would provide you with compensation should you suffer any kind of debilitating illness or injury that requires you to miss work for an extended period .
Employers might also be required to withhold FICA, federal, state, and local employment taxes, depending on a specific employees earnings.
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Retirement Benefits In New York State Under Covid
Under the federal CARES Act, withdrawals up to $100,000 from retirement funds, including 401 and Roth IRA funds, are not subject to the usual early withdrawal penalties. Additionally, payments due on any loans against your 401 between March 27 and December 31, 2020, will be extended for one year under the law.
New Yorks public employees are covered under the New York State and Local Retirement System . During the coronavirus pandemic, all NYSLRS consultation offices are closed indefinitely. However, the retirement system remains operational and continues to accept online applications and phone consultations.
While the COVID-19 crisis has hit New York particularly hard, employers and employees alike can navigate this evolving and challenging environment with the right tools at their disposal. To learn more about the Paycheck Protection Program, small business loans, and other resources, visit our COVID-19 resource hub.