2018 GNYADA Membership Directory
NewYork Labor LawCompliance Posters
Providedby theGreaterNewYorkAutomobileDealersAssociation
STATEMENTOFRIGHTSFOR PAIDFAMILYLEAVE
IFYOUNEEDTOTAKETIMEOFFFROMWORKTOCAREFORAFAMILYMEMBER, YOUMAYBEENTITLEDTOPAIDFAMILYLEAVEBENEFITS
PaidFamilyLeave isemployee funded insurance thatprovides job-protected,paid timeoff to: • Bondwithanewlyborn,adoptedor fostered child; • Care fora familymemberwitha serioushealth condition;or • Assist lovedoneswhena familymember is called toactivemilitary serviceabroad. Eligibility: • Employeeswitha regularworkscheduleof 20ormorehoursperweek areeligibleafter 26consecutiveweeks ofemployment. • Employeeswitha regularworkscheduleof less than20hoursperweek areeligibleafter 175daysworked . Benefits: In2018, you can takeup toeightweeksofPaidFamily Leaveand receive50%of youraverageweeklywage, capped at50%of theNewYorkStateaverageweeklywage.Generally, youraverageweeklywage is theaverageof your lasteight weeksofpayprior to startingPaidFamily Leave. RightsandProtections • JobProtection :Return to the sameor comparable jobafter you take leave. • You keep your health insurance whileon leave (youmayhave to continuepaying yourportionof thepremium costs, ifany). • Your employer isprohibited fromdiscriminatingor retaliating against you for requestingor takingPaidFamily Leave. • You donothave toexhaust sick leaveorvacation accrualsbeforeusingPaidFamily Leave. PaidFamilyLeaveRequestProcess 3.Completeandattach theadditional formsas requiredand submit to the insurance carrier listedbelow. 4.The insurance carriermustpayordeny your requestwithin 18daysof receiving your completed request. Youmayobtainall forms from youremployer, their insurance carrier listedbeloworonlineatwww.ny.gov/PaidFamilyLeave. Disputes If yourPaidFamily Leave claim isdenied, youmay request tohave thedenial reviewedbyaneutralarbitrator.The insurance carrier listedbelowwillprovide youwith informationabout requestingarbitration. DiscriminationComplaints If youremployer terminates youremployment, reduces yourpayand/orbenefits,ordisciplines you inanywayasa resultof you taking oraskingaboutPaidFamily Leave, youmay request tobe reinstatedby taking these steps: 1.Complete theFormalRequest forReinstatementRegardingPaidFamily Leave form (PFL-DC-119) 2.Send your completed form to youremployeranda copyof the completed form to:PaidFamily Leave,P.O.Box9030,Endicott, NY 13761-9030 3.If youremployerdoesnot reinstate youwithin30days, youmay fileadiscrimination complaintwith theWorker'sCompensation Boardusing formPFL-DC-120,availableathttp://www.ny.gov/PaidFamilyLeave.TheWorker'sCompensationBoardwillassemble your caseand scheduleahearing. Youareeligible regardlessof your citizenshipor immigration status. 1. Notify youremployerat least30days inadvance, if foreseeable,oras soonaspossible. 2.Completeand submit theRequest forPaidFamily Leave (FormPFL-1) to youremployer.
Formore information, forms,and instructions, visitwww.ny.gov/PaidFamilyLeaveorcall (844)-337-6303.
This information isa simplifiedpresentationof your rightsas requiredbySection229 of theDisabilityandPaidFamily LeaveBenefits Law.Youremployer'spaid family leave benefits insurance carrier is:
InsertName,AddressandTelephoneNumberofPFLCarrier
PRESCRIBEDBYTHECHAIR, WORKERS’COMPENSATIONBOARD
NYSPaidFamilyLeave ●
POBox9030,EndicottNY 13761
PFL-271S (11-17)
PFLHelpline: (844)337-6303 ●
www.ny.gov/PaidFamilyLeave
Employee Bulletin Board
EMPLOYEE RIGHTS UNDER THE FAMILYANDMEDICAL LEAVEACT
EMPLOYEE RIGHTS UNDER THE FAIR LABORSTANDARDSACT
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YOURRIGHTSUNDERUSERRA THEUNIFORMEDSERVICESEMPLOYMENT ANDREEMPLOYMENTRIGHTSACT USERRAprotects the job rightsof individualswho voluntarilyor involuntarily leaveemploymentpositions toundertake military serviceorcertain typesof service in theNationalDisasterMedicalSystem. USERRAalsoprohibitsemployers from discriminatingagainstpastandpresentmembersof theuniformed services,andapplicants to theuniformed services. REEMPLOYMENTRIGHTS Youhave the right tobe reemployed in yourcivilian job if you leave that job toperform service in theuniformed serviceand: HEALTH INSURANCEPROTECTION ✩✩ If you leave your job toperformmilitary service, youhave the right toelect tocontinue yourexistingemployer-basedhealthplan coverage for youand yourdependents forup to24monthswhile in themilitary.
THEUNITEDSTATESDEPARTMENTOF LABORWAGEANDHOURDIVISION
2 0 1 8 MEMBERSHIP DIRECTORY Hot TOPICS
LEAVE ENTITLEMENTS
Eligibleemployeeswhowork foracoveredemployercan takeup to12weeksofunpaid, job-protected leave ina12-monthperiod for the following reasons: • Thebirthofa childorplacementofa child foradoptionor foster care; • Tobondwitha child (leavemustbe takenwithin1 yearof the child’sbirthorplacement); • To care for theemployee’s spouse, child,orparentwhohasaqualifying serioushealth condition; • For theemployee’sownqualifyingserioushealthcondition thatmakes theemployeeunable toperform theemployee’s job; • Forqualifyingexigencies related to the foreigndeploymentofamilitarymemberwho is theemployee’s spouse, child,orparent. Aneligibleemployeewho isa covered servicemember’s spouse, child,parent,ornextofkinmayalso takeup to26weeks ofFMLA leave ina single12-monthperiod to care for the servicememberwitha serious injuryor illness. Anemployeedoesnotneed touse leave inoneblock.When it ismedicallynecessaryorotherwisepermitted,employees may take leave intermittentlyorona reduced schedule. Employeesmay choose,oranemployermay require,useofaccruedpaid leavewhile takingFMLA leave. Ifanemployee substitutesaccruedpaid leave forFMLA leave, theemployeemust complywith theemployer’snormalpaid leavepolicies. WhileemployeesareonFMLA leave,employersmustcontinuehealth insurancecoverageas if theemployeeswerenoton leave. Upon return fromFMLA leave,mostemployeesmustbe restored to the same joboronenearly identical to itwith equivalentpay,benefits,andotheremployment termsand conditions. Anemployermaynot interferewithan individual’sFMLA rightsor retaliateagainstsomeone forusingor trying touseFMLA leave, opposinganypracticemadeunlawfulby theFMLA,orbeing involved inanyproceedingunderor related to theFMLA. Anemployeewhoworks foracoveredemployermustmeet threecriteria inorder tobeeligible forFMLA leave.Theemployeemust: • Haveworked for theemployer forat least12months; • Haveat least1,250hoursof service in the12monthsbefore taking leave;*and • Workata locationwhere theemployerhasat least50employeeswithin75milesof theemployee’sworksite. *Special “hoursofservice” requirementsapply toairlineflightcrewemployees. Generally,employeesmustgive30-days’advancenoticeof theneed forFMLA leave. If it isnotpossible togive30-days’notice, anemployeemustnotify theemployerassoonaspossibleand,generally, follow theemployer’susualprocedures. Employeesdonothave toshareamedicaldiagnosis,butmustprovideenough information to theemployerso itcandetermine if the leavequalifies forFMLAprotection.Sufficient informationcould include informinganemployer that theemployee isor willbeunable toperformhisorher job functions, thata familymembercannotperformdailyactivities,or thathospitalizationor continuingmedical treatment isnecessary.Employeesmust inform theemployer if theneed for leave is fora reason forwhich FMLA leavewaspreviously takenorcertified. Employerscan requireacertificationorperiodic recertificationsupporting theneed for leave. If theemployerdetermines that the certification is incomplete, itmustprovideawrittennotice indicatingwhatadditional information is required. Onceanemployerbecomesaware thatanemployee’sneed for leave is fora reason thatmayqualifyunder theFMLA, the employermustnotify theemployee ifheorshe iseligible forFMLA leaveand, ifeligible,mustalsoprovideanoticeof rightsand responsibilitiesunder theFMLA. If theemployee isnoteligible, theemployermustprovidea reason for ineligibility. Employersmustnotify itsemployees if leavewillbedesignatedasFMLA leave,and ifso,howmuch leavewillbedesignatedas FMLA leave. Employeesmayfileacomplaintwith theU.S.DepartmentofLabor,WageandHourDivision,ormaybringaprivate lawsuit againstanemployer. TheFMLAdoesnotaffectany federalorstate lawprohibitingdiscriminationorsupersedeanystateor local laworcollective bargainingagreement thatprovidesgreater familyormedical leave rights.
The law requiresemployers todisplay thisposterwhereemployeescan readilysee it.
OVERTIMEPAY
At least 1½ times the regular rateofpay for all hoursworkedover 40 in aworkweek.
CHILD LABOR
An employeemustbe at least 16 yearsold towork inmost non-farm jobs and at least 18 towork in non-farm jobsdeclaredhazardousby theSecretaryofLabor.Youths 14 and 15 yearsoldmay workoutside school hours in various non-manufacturing,non-mining, non-hazardous jobswith certainwork hours restrictions.Different rules apply in agricultural employment. Employersof “tipped employees”whomeet certain conditionsmay claim apartialwage credit basedon tips receivedby their employees.Employersmustpay tipped employees a cashwage of at least $2.13per hour if they claim a tip credit against theirminimumwageobligation. If an employee’s tips combinedwith the employer’s cashwageof at least $2.13per hourdonot equal theminimum hourlywage, the employermustmake up thedifference. TheFLSA requires employers toprovide reasonablebreak time for a nursingmother employee who is subject to theFLSA’sovertime requirements inorder for the employee to expressbreast milk for her nursing child forone year after the child’sbirth each time such employee has a need to expressbreastmilk.Employers are also required toprovide aplace,other than abathroom, that is shielded from view and free from intrusion from coworkers and thepublic,whichmaybe usedby the employee to expressbreastmilk.
✩✩ youensure that youremployer receivesadvancewrittenor verbal noticeof your service; ✩✩ youhave five yearsor lessofcumulative service in theuniformed serviceswhilewith thatparticularemployer; ✩✩ you return toworkorapply for reemployment ina timelymanner afterconclusionof service;and ✩✩ youhavenotbeen separated from servicewithadisqualifying dischargeorunderother thanhonorableconditions. If youareeligible tobe reemployed, youmustbe restored to the job andbenefits youwouldhaveattained if youhadnotbeenabsentdue to military serviceor, in somecases,acomparable job. RIGHTTOBEFREEFROMDISCRIMINATIONANDRETALIATION If you: ✩✩ areapastorpresentmemberof theuniformed service; ✩✩ haveapplied formembership in theuniformed service;or ✩✩ areobligated to serve in theuniformed service; thenanemployermaynotdeny you: ✩✩ initialemployment; ✩✩ reemployment; ✩✩ retention inemployment; ✩✩ promotion;or ✩✩ anybenefitofemployment becauseof this status. Inaddition,anemployermaynot retaliateagainstanyoneassisting in theenforcementofUSERRA rights, including testifyingormakinga statement inconnectionwithaproceedingunderUSERRA,even if that personhasno serviceconnection.
BENEFITS& PROTECTIONS
✩✩ TheU.S.DepartmentofLabor,VeteransEmploymentandTraining Service (VETS) isauthorized to investigateand resolvecomplaints ofUSERRA violations. ✩✩ Forassistance in filingacomplaint,or foranyother informationon USERRA,contactVETSat 1-866-4-USA-DOL or visit itswebsiteat http://www.dol.gov/vets . An interactiveonlineUSERRAAdvisorcan be viewedat http://www.dol.gov/elaws/userra.htm . ✩✩ If you fileacomplaintwithVETSandVETS isunable to resolve it, youmay request that yourcasebe referred to theDepartment ofJusticeor theOfficeofSpecialCounsel,asapplicable, for representation. ✩✩ Youmayalsobypass theVETSprocessandbringacivilaction againstanemployer for violationsofUSERRA. ✩✩ Even if youdon’telect tocontinuecoverageduring yourmilitary service, youhave the right tobe reinstated in youremployer’s healthplanwhen youare reemployed,generallywithoutanywaiting periodsorexclusions (e.g.,pre-existingconditionexclusions)except for service-connected illnessesor injuries. ENFORCEMENT
TIPCREDIT
ELIGIBILITY REQUIREMENTS
NURSING MOTHERS
REQUESTING LEAVE
ENFORCEMENT TheDepartment has authority to recoverbackwages and an equal amount in liquidateddamages in instancesofminimumwage,overtime, andother violations.TheDepartmentmay litigate and/or recommend criminalprosecution.Employersmaybe assessed civilmoneypenalties for eachwillfulor repeated violationof theminimumwageorovertimepayprovisionsof the law. Civilmoneypenaltiesmay alsobe assessed for violationsof theFLSA’s child laborprovisions. Heightened civilmoneypenaltiesmaybe assessed for each child labor violation that results in thedeathor serious injuryof anyminor employee, and such assessmentsmaybedoubledwhen the violations aredetermined tobewillfulor repeated.The law alsoprohibits retaliating againstor dischargingworkerswho file a complaintorparticipate in anyproceeding under theFLSA. ADDITIONAL INFORMATION • Certainoccupations and establishments are exempt from theminimumwage, and/orovertime payprovisions. • Specialprovisions apply toworkers inAmericanSamoa, theCommonwealthof theNorthern Mariana Islands, and theCommonwealthofPuertoRico.
EMPLOYER RESPONSIBILITIES
ENFORCEMENT
• Some state lawsprovidegreater employeeprotections; employersmust complywithboth. • Some employers incorrectly classifyworkers as “independent contractors”when they are actually employees under theFLSA. It is important to know thedifferencebetween the two because employees (unless exempt) are entitled to theFLSA’sminimumwage andovertime payprotections and correctly classified independent contractors are not. • Certain full-time students, student learners, apprentices, andworkerswithdisabilitiesmaybe paid less than theminimumwage under special certificates issuedby theDepartmentof Labor.
The rights listedheremay varydependingon thecircumstances. The textof thisnoticewaspreparedbyVETS,andmaybe viewedon the internetat this address: http://www.dol.gov/vets/programs/userra/poster.htm . Federal law requiresemployers tonotifyemployeesof their rightsunderUSERRA,andemployers maymeet this requirementbydisplaying the textof thisnoticewhere theycustomarilyplacenotices foremployees.
1-866-4-USWAGE www.dol.gov/whd For additional information or to file a complaint: (1-866-487-9243) TTY: 1-877-889-5627 U.S.Departmentof Labor Wage andHourDivision
1-800-336-4590 PublicationDate—April2017
U.S.DepartmentofLabor 1-866-487-2365
U.S.DepartmentofJustice OfficeofSpecialCounsel
1-866-487-9243 TTY: 1-877-889-5627 www.dol.gov/whd
WAGEANDHOURDIVISION UNITEDSTATESDEPARTMENTOFLABOR
WH1088 REV07/16
1
WH1420 REV 04/16
JobSafetyandHealth IT’STHELAW!
EMPLOYEE RIGHTS EMPLOYEEPOLYGRAPHPROTECTIONACT The Employee Polygraph Protection Act prohibits most private employers from using lie detector tests either for pre-employment screeningorduring thecourseofemployment.
Working for an employerwho offers health and retirement benefits is one of the smartest things an employee can do. But what happenswhen you leave the job?What happens to your health and retirement benefits if you are downsized or go towork for another employer? The good news is that you have protections under Federal law. Youmay be able to continue your health care coverage or enroll in new coverage, for instance.And you'llwant to protect the retirement benefits you've earned so youwill have themwhen you retire. Know the benefits and protections you are entitled to andwhere to gowith questions. U.S.Departmentof Labor Job Loss? Important InformationWorkersNeed to Know toProtect theirHealthCoverage andRetirementBenefits
Keep Covered - Explore YourHealth CoverageOptionsNow
U.S.Departmentof Labor
Ask about the health benefits offered by any potential employers. Find outwhat premiums and out-of-pocket costs you'll pay andwhat the plan covers.Under the Patient Protection andAffordable CareAct, you cannot be denied enrollment or benefits by your new employer's health plan due to a preexistingmedical condition.Also check to see if the new plan has awaiting period before you can enroll in coverage – generally, it cannot last longer than90 days from the date you become eligible for the plan. 3 Keep your records.When you leave a job or retire,make sure you have copies of your retirement plan's Summary PlanDescription or SPD, all account statements and other documents from the plan. They tell you about your rights under the plan includingwhen you can receive retirement benefits. Learn about other retirement safeguards under ERISA, the EmployeeRetirement Income SecurityAct. Protect the retirement benefits you've earned Children'sHealth Insurance Program. Compare your options before you decidewhich coverage to elect. In addition, theMarketplace has an open enrollment each year. VisitHealthCare.gov formore information. 2 Consider health coveragewhen looking for a new job Youmay have a special enrollment opportunity in your spouse's employment-based health plan or an individual plan in theHealth InsuranceMarketplace.Or, youmight be able to continue coverage in your old plan for up to18 months under the ConsolidatedOmnibus Budget ReconciliationAct (COBRA).Under COBRA, youmay have to pay the entire premium plus a2 percent administrative fee.Also, contact your state government to find out if you or your dependents are eligible forMedicaid or the state
Employersmust: Provideemployees aworkplace free from recognizedhazards. It is illegal to retaliate against anemployee forusing anyof their rightsunder the law, including raising a health and safety concernwith youor withOSHA,or reporting awork-related injuryor illness. ComplywithallapplicableOSHAstandards. Report toOSHA allwork-related fatalitieswithin8hours, and all inpatient hospitalizations, amputations and losses of aneyewithin24hours. Provide required training to allworkers in a language and vocabulary they can understand. Prominentlydisplay thisposter in the workplace. PostOSHA citations atornear the placeof the alleged violations. FREEASSISTANCE to identify and correct hazards is available to small andmedium- sizedemployers,without citationorpenalty, throughOSHA-supported consultation programs inevery state.
Allworkershave the right to: A safeworkplace. Raise a safetyorhealth concernwith youremployerorOSHA,or report awork- related injuryor illness,withoutbeing retaliated against. Receive information and trainingon jobhazards, including allhazardous substances in yourworkplace. Request anOSHA inspectionof your workplace if youbelieve there areunsafe orunhealthy conditions.OSHAwill keep yourname confidential.Youhave the right tohave a representative contact OSHAon yourbehalf. Participate (orhave your representative participate) in anOSHA inspection and speak inprivate to the inspector. File a complaintwithOSHAwithin 30days (byphone,onlineorbymail) if youhavebeen retaliated against for using your rights. See anyOSHA citations issued to youremployer. Request copiesof yourmedical
PROHIBITIONS
Employers aregenerallyprohibited from requiringor requesting any employeeor job applicant to take a liedetector test, and from discharging,disciplining,ordiscriminating against an employeeor prospective employee for refusing to take a testor for exercisingother rights under theAct. Federal,State and localgovernments are not affectedby the law.Also, the lawdoes not apply to testsgivenby theFederalGovernment to certainprivate individuals engaged in national security-related activities. TheActpermitspolygraph (a kindof liedetector) tests tobe administered in theprivate sector, subject to restrictions, to certainprospective employeesof security service firms (armored car, alarm, andguard), and ofpharmaceuticalmanufacturers,distributors anddispensers. TheAct alsopermitspolygraph testing, subject to restrictions,of certain employeesofprivate firmswho are reasonably suspectedof involvement in aworkplace incident (theft, embezzlement, etc.) that resulted in economic loss to the employer. The lawdoes notpreempt anyprovisionof anyStateor local lawor any collectivebargaining agreementwhich ismore restrictivewith respect to liedetector tests. Wherepolygraph tests arepermitted, they are subject to numerous strict standards concerning the conduct and lengthof the test.Examinees have a numberof specific rights, including the right to awritten notice before testing, the right to refuseordiscontinue a test, and the right not to have test resultsdisclosed to unauthorizedpersons.
EXEMPTIONS
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SERVINGMETROAREA DEALERSSINCE1910. 18-10WhitestoneExpressway Whitestone,NY11357 DealerHotline : 718.746.5900 www.gnyada.com
EXAMINEE RIGHTS
records, tests thatmeasurehazards in theworkplace, and theworkplace injury and illness log.
This poster is available free fromOSHA.
ENFORCEMENT TheSecretaryof Labormaybring court actions to restrain violations and assess civilpenalties against violators.Employeesor job applicantsmay alsobring theirown court actions.
If you have questions orwant free booklets about your health benefit rights and retirement plan protections, contact the EmployeeBenefits Security Administration electronically at askebsa.dol.gov or by calling toll free 1-866-444-3272.
THE LAWREQUIRESEMPLOYERSTODISPLAYTHISPOSTER WHEREEMPLOYEESAND JOBAPPLICANTSCANREADILYSEE IT.
ContactOSHA.Wecanhelp.
1-866-487-9243 TTY: 1-877-889-5627 www.dol.gov/whd
WAGEANDHOURDIVISION UNITEDSTATESDEPARTMENTOF LABOR
WH1462 REV 07/16
1-800-321-OSHA (6742) • TTY 1-877-889-5627 • www.osha.gov
OSHA3165-04R2015
Pleasepost inconspicuous locations.
©GNYADA1/2018
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