NY Labor Law (Cannabis Retail Employers)

What This Covers

• Employee onboarding and new-hire requirements
• Wage, overtime, and pay frequency rules
• Meal and rest break requirements
• Mandatory harassment training
• Payroll recordkeeping obligations
• Required workplace postings
• Enforcement authority

Onboarding Requirements

Required steps when hiring any employee.

• Provide a written Wage Theft Prevention Act (WTPA) Notice including:
  • Rate of pay
  • Overtime rate
  • Pay schedule
  • Employer information
• Collect standard new-hire forms:
  • Form W-4
  • Form IT-2104
  • Form I-9
• Provide New York State Paid Sick Leave notice
• Provide written workplace policies, including attendance, scheduling, safety, and harassment
• Provide workers’ compensation and disability insurance information
• Report all new hires to the New York New Hire Reporting Program within 20 days

Wage Rules

Mandatory wage and pay practices.

• Pay at least the applicable New York minimum wage
• Pay overtime at 1.5× for hours worked over 40 in a workweek
• Pay manual workers weekly (most budtenders qualify)
• Provide a written wage statement each payday showing:
  • Hours worked
  • Rate of pay
  • Deductions
  • Gross and net wages
• Pay for all time worked
• Off-the-clock work is prohibited

Wage violations can create automatic liability.

Break Requirements

Meal and rest break rules based on shift length.

• Shifts over 6 hours that include a meal period:
  • One 30-minute unpaid meal break
• Shifts over 10 hours:
  • A second 30-minute meal break
• Short breaks (5–20 minutes), if offered, must be paid

Harassment Training

Mandatory annual training for all employers.

• Train all employees once per year using a New York State–approved program
• Provide the NYS Sexual Harassment Prevention Policy and complaint form on the first day of employment
• Maintain records of completed training for each employee

There are no size-based exemptions.

Payroll Records

Required payroll documentation and retention.

• Maintain records for at least 6 years, including:
  • Payroll records
  • Timecards or timesheets
  • Wage statements
  • WTPA notices
  • Overtime logs
  • Work schedules used to calculate pay

Missing records can result in automatic violations.

Required Workplace Notices

Mandatory posters and notices that must be displayed.

• Minimum wage poster
• Paid Sick Leave notice
• Workers’ compensation notice
• Disability benefits notice
• Sexual harassment prevention policy
• Smoke-free workplace sign
• “Time Off to Vote” notice (posted before elections)

Enforcement and Oversight

Identifies the enforcing authority.

• Enforcement agency: New York State Department of Labor (NYSDOL)
• NYSDOL enforces wage, hour, hiring, training, recordkeeping, and posting requirements

What Operators Usually Miss

• Budtenders are often classified as manual workers
• Weekly pay rules apply even with payroll software
• Missing records are treated as violations
• Training and posting requirements apply to all employers

When This Comes Up

• Hiring your first employee
• Adding staff or managers
• Payroll setup or changes
• Labor audits or complaints
• License renewal reviews

What Happens If You Ignore This

• Back pay and liquidated damages
• Civil penalties and fines
• Government audits
• Increased scrutiny across agencies

Related Pages

• Labor, Payroll, and Employment Compliance
• Recordkeeping and Retention
• Workplace Safety Requirements
• State and Local Law

Source Material

• New York Labor Law (Chapter 31)
• New York Labor Law §195 (Minimum Wage)
• New York Labor Law §162 (Meal Periods)
• New York Labor Law §196-b (Paid Sick Leave)
• NYS Minimum Wage Schedule
• NYS Sexual Harassment Prevention Requirements (Employer Toolkit)
• NYS Required Workplace Posting List
• New York New Hire Reporting Program

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