The New York State Department of Labor (DOL or NYSDOL) is the department of the New York state government that enforces labor law and administers unemployment benefits.; "There shall continue to be in the state government a department of labor. The head of the department shall be the commissioner of labor. [...]"
The mission of the New York State Department of Labor is to protect workers, assist the unemployed and connect job seekers to jobs, according to its website. It works to ensure a fair wage for all workers, protect the safety and health of workers and the public, help the unemployed via temporary payments (unemployment insurance), link job seekers with employers, and guide workers to training. Its regulations are compiled in title 12 of the New York Codes, Rules and Regulations.
The NYS Department of Labor of today came as a direct result of the Triangle Shirtwaist Factory Fire, which took place on March 25, 1911.
Unemployment insurance
Unemployment insurance (UI) is a state-administered program providing temporary financial assistance to eligible workers who become unemployed through no fault of their own, funded through employer contributions. The New York Unemployment Insurance Law, enacted in 1935 and codified at Article 18 of the Labor Law, implements unemployment insurance within New York.
The process for claiming weekly benefits (certifying for benefits), for each week of unemployment while looking for work, begins on last day of that week (Sunday) through the following Saturday (claim window, waiting period, or waiting week). As with most states, the maximum period for receiving benefits is 26 full weeks during a one-year period (benefit year). Generally, eligibility follows federal guidelines, where examples of quitting for good cause include domestic violence, immediate family with illness or disability, spousal employment location changes, where the DOL determines that pay and/or hours of work were reduced substantially, or where the DOL determines the employer did not address a safety hazard. Normally, a labor strike must last for 14 days before claimants are eligible, unless due to a lockout (suspension period).
A department claims adjudicator will make an initial determination of the application. Disputed benefit determinations are initially litigated before administrative law judges (ALJs), and the Unemployment Insurance Appeal Board (UIAB) hears appeals against determinations on issues of eligibility and contribution liability. The department also enforces overpayment recovery and civil penalties when it finds willful misrepresentation or other materially false statements in claims administration.
Workers' compensation
Workers' compensation ensures financial and medical benefits for employees who suffer work-related injuries or illnesses, funded by employer insurance or self-insurance. Enacted in the 1910s, the Workers' Compensation Law implements workers' compensation in New York.
The New York State Insurance Fund (NYSIF) of the department provides workers' compensation and disability insurance.Workers' Compensation Law § 76. The Workers' Compensation Board (WCB) administers, adjudicates, and enforces the state's workers' compensation laws.Workers' Compensation Law § 140 et seq.. The Workers' Compensation Security Fund ensures the continuation of workers' compensation benefits when an insurance carrier becomes insolvent, with funding derived from assessments on insurance carriers' premiums.State Finance Law § 89-f. Workers' Compensation Law § 106 et seq. The New York Compensation Insurance Rating Board (CIRB) is a nonprofit, unincorporated association of insurance carriers and is licensed as the official organization to develop workers' compensation rates.
Workforce development
NYSDOL is the state workforce agency that implements the United States Employment Service and federal Workforce Innovation and Opportunity Act. It oversees a network of career centers (one-stop centers or American job centers) throughout the state that offer a range of services, including job search assistance, resume writing help, and access to job training programs. Programs include the Adult, Dislocated Worker, and Youth Programs (Title I programs), as well as apprenticeship programs in a variety of industries including construction, healthcare, and manufacturing; for businesses it supports job posting services, on-the-job training programs, and customized training programs.
Registered apprenticeships are state-registered, nationally-recognized credential programs with an "earn while you learn" model (wages + instruction).12 NYCRR part 601. Beyond the building trades, the department has expanded apprenticeships into advanced manufacturing, teaching residencies (paying student teachers as apprentices), craft brewing, healthcare, law enforcement, and even jewelry setting.
At the state level, the State Workforce Investment Board (SWIB) coordinates efforts, allocates resources, and provides strategic direction among local workforce development boards, aligned with strategic planning of the ESD economic development regions' regional economic development councils (REDCs).REDCs were established as of 1 April 1995. Chapter 169, enacted 9 June 1994, effective immediately with provisos.
Workforce development area Region New York City New York City Erie County Western Region Monroe County Finger Lakes Oyster Bay-North Hempstead-Glen Cove Long Island Suffolk County Long Island Albany-Rensselaer-Schenectady Counties Capital Region Columbia-Greene Counties Capital Region Saratoga-Warren-Washington Counties Capital Region Cayuga-Cortland Counties Central Region Onondaga County Central Region Oswego County Central Region Genesee-Livingston-Orleans-Wyoming Counties (GLOW) Finger Lakes Ontario-Seneca-Wayne-Yates Counties Finger Lakes Hempstead-City of Long Beach Long Island Dutchess County Mid-Hudson Region Orange County Mid-Hudson Region Rockland County Mid-Hudson Region Sullivan County Mid-Hudson Region Ulster County Mid-Hudson Region Westchester-Putnam Counties Mid-Hudson Region Yonkers Mid-Hudson Region Fulton-Montgomery-Schoharie Counties Mohawk Valley Herkimer-Madison-Oneida Counties Mohawk Valley Clinton-Essex-Franklin-Hamilton Counties North Country Jefferson-Lewis Counties North Country St. Lawrence County North Country Broome-Tioga Counties Southern Tier Chemung-Schuyler-Steuben Counties Southern Tier Chenango-Delaware-Otsego Counties Southern Tier Tompkins County Southern Tier Cattaraugus-Allegany Counties Western Region Chautauqua County Western Region Niagara County Western Region
Workforce protections The NYSDOL conducts audits, investigations, and enforces compliance with laws and regulations regarding minimum wage, overtime pay, and wage theft. Key among these is the enforcement of Article 19 of the state Labor Law, which pertains to minimum wage, and Article 6, which covers the payment of wages. The Industrial Board of Appeals provides administrative review of the validity or reasonableness of rules, regulations, or orders issued by the Commissioner.
Adequacy of wages The commissioner has the authority to investigate whether minimum wages are sufficient for adequate maintenance and health and can appoint wage boards consisting of employer, employee, and general public representatives who have the power to conduct hearings and investigations with the ability to issue subpoenas. et seq.
Starting in 2027, the minimum wage will be adjusted based on the three-year moving average of the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for the Northeast Region with the aim to maintain the purchasing power of workers' wages over time. Indicators commonly used at international level to guide assessment of statutory minimum wage adequacy include comparing the gross minimum wage to 60% of the gross median wage and 50% of the gross average wage.Directive (EU) 2022/2041 of the European Parliament and of the Council of 19 October 2022 on adequate minimum wages in the European Union
Collective bargaining
The New York State Employment Relations Act (SERA), enacted in 1937 and codified at Article 20 of the Labor Law, was designed to cover employees who don't qualify for protection under the National Labor Relations Act of 1935 or the Railway Labor Act, particularly for small workplaces. The state Taylor Law defines the rights and limitations of unions for public employees. The Public Employment Relations Board (PERB) is responsible for administering the adjudicatory and conciliation provisions of SERA and the Taylor Law.
Labor market information and statistics The New York State Department of Labor gathers and provides key labor market data through various programs.Labor Law §§ 530, 575, 575-A In collaboration with the US Bureau of Labor Statistics (BLS), NYSDOL participates in several federal-state statistical programs of the Wagner–Peyser Act as the state workforce agency.. . The NYSDOL makes this labor market data available to public, policymakers, businesses, and other stakeholders, supporting informed decisions about economic and workforce development in New York State.
Quarterly Census of Employment and Wages (QCEW or ES-202): Provides quarterly comprehensive employment and wage data by industry and county, from employers covered by the state Unemployment Insurance Law. Current Employment Statistics (CES): Provides monthly data on employment, hours, and earnings by industry from selected businesses and government agencies. The "establishment survey", it reflects jobs by "place of work" and does not include the self-employed, unpaid family workers, or private household employees. Occupational Employment and Wage Statistics (OEWS): Provides employment and wage estimates for over 800 occupations on an annual basis, collected through a semiannual mail survey of non-farm establishments. Local Area Unemployment Statistics (LAUS): Provides monthly labor force, employed, unemployment, unemployment rate data at the state and local levels compiled from multiple sources, including the US Census Current Population Survey (CPS), QCEW, and CES surveys.
History Origins and early reforms (1880s–1920s) In 1883, the Bureau of Labor Statistics was established to collect data on labor conditions. Chapter 356, enacted 4 May 1883, effective immediately.
In 1886, the Department of the Factory Inspector was created to enforce woman and child labor laws and workplace safety regulations. Chapter 409, enacted 18 May 1886, effective immediately.
Between February and May 1901, New York State Department of Labor headed by a Commissioner of Labor replaced and incorporated (into bureaus) the commissioner of labor statistics and factory inspector, and state board of mediation and arbitration. Chapter 9, enacted 7 February 1901, effective immediately.
In 1910, a workers' compensation system was created. Chapter 674, enacted 25 June 1910, effective 1 September 1910. In 1911 the Court of Appeals (the highest court) struck down the 1910 act as unconstitutional, ruling that it violated due process under the state constitution. The Triangle Shirtwaist Factory fire happened the day after the decision. On July 11, 1913, thirty-three women and two men lost their lives in the Binghamton Clothing Company Fire. The Triangle and Binghamton tragedies gave impetus to labor legislation, and the state constitution was amended on November 4 to permit the still-in-force Workers' Compensation Law. Chapter 816, approved 16 December 1913 and 8 January 1914. Chapter 41, enacted 16 March 1914, effective immediately except for certain provisions regarding payments effective 1 July 1914.