[EMPLOYER NAME]

Employee Handbook

(New York)

[// GUIDANCE: This template is intentionally comprehensive. Remove any bracketed text or sections that do not apply to your client’s workplace before publication. Confirm all citations and statutory references against the most recent official sources.]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
A. At-Will Employment Statement
B. Equal Employment Opportunity & Anti-Discrimination
C. Wage & Hour Compliance
D. Time-Off & Leave Policies
E. Workplace Safety & Security
F. Technology, Confidentiality & Proprietary Rights
G. Standards of Conduct & Corrective Action
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

I. DOCUMENT HEADER

1. Title; Nature of Document
   This Employee Handbook (the “Handbook”) sets forth the general employment policies, practices, and procedures of [EMPLOYER NAME] (the “Company”) for employees working in the State of New York.

2. Effective Date
   This Handbook is effective as of [EFFECTIVE DATE] (the “Effective Date”) and supersedes all prior handbooks, manuals, memoranda, and oral statements relating to the subject matter herein.

3. Governing Law & Jurisdiction
   Unless otherwise required by federal law, this Handbook is governed by, and shall be construed in accordance with, the laws of the State of New York applicable to employment relationships (“State Employment Law”).

II. DEFINITIONS

Alphabetically arranged for ease of reference:

1. “Administrative Leave” – Paid or unpaid leave granted at the Company’s discretion pending investigation or other administrative review.
2. “Applicable Law” – All federal, state, and local statutes, regulations, and ordinances governing the employment relationship, including but not limited to the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. (2022), and the New York Labor Law.
3. “Employee” – Any individual classified by the Company as full-time, part-time, temporary, or intern, regardless of FLSA exemption status.
4. “Protected Characteristic” – Race, color, creed, age, national origin, citizenship, gender, sexual orientation, gender identity or expression, disability, pregnancy, marital status, familial status, veteran status, genetic information, lawful off-duty conduct, or any other characteristic protected by Applicable Law.
5. “Wage Hour Laws” – Collectively, the Fair Labor Standards Act and Articles 6 & 19 of the New York Labor Law, including any corresponding regulations.
6. Additional terms are defined contextually where first used.

[// GUIDANCE: Add or delete definitions to fit actual Company terminology.]

III. OPERATIVE PROVISIONS

A. At-Will Employment Statement

1. At-Will Status
   Employment with the Company is “at will.” Either the Employee or the Company may terminate the employment relationship at any time, with or without notice, and with or without cause, subject only to Applicable Law.

2. No Contract of Employment
   This Handbook is not, and shall not be construed as, a contract guaranteeing employment for any definite period. Only a written agreement signed by the Company’s [CEO/President] expressly changing the at-will status can alter this policy.

B. Equal Employment Opportunity & Anti-Discrimination

1. Policy Statement
   The Company is committed to equal employment opportunity (“EEO”) and complies with all Applicable Law prohibiting discrimination, harassment, and retaliation based on any Protected Characteristic.

2. Complaint Procedure
   a. Reporting
   Employees who believe they have experienced or witnessed discriminatory conduct must report the matter promptly to [EEO OFFICER / HR].
   b. Investigation & Confidentiality
   Reports will be investigated promptly, thoroughly, and impartially. Confidentiality will be maintained to the extent feasible.
   c. No Retaliation
   Retaliation against anyone who files a complaint or participates in an investigation is strictly prohibited.

C. Wage & Hour Compliance

1. Accurate Timekeeping
   Employees must record all hours worked using the Company’s designated timekeeping system. Off-the-clock work is strictly prohibited.

2. Overtime
   Non-exempt employees are entitled to overtime pay at one-and-one-half times the regular rate for hours worked over forty (40) in a workweek, in accordance with Wage Hour Laws.

3. Pay Frequency & Statements
   Wages will be paid [WEEKLY/BI-WEEKLY], and wage statements will comply with N.Y. Lab. Law § 195 (McKinney 2022), itemizing hours worked, rates, and all deductions.

4. Minimum Wage
   The Company will pay at least the highest applicable minimum wage (federal, state, or local) in effect.

[// GUIDANCE: Confirm current NY minimum wage and any tip credit provisions before issuance.]

D. Time-Off & Leave Policies

1. New York Paid Sick Leave (“NYPSL”)
   a. Accrual: Employees accrue one (1) hour of paid sick leave for every thirty (30) hours worked, up to [40/56] hours per calendar year as required by N.Y. Lab. Law § 196-b.
   b. Usage: Sick leave may be used for the Employee’s or a covered family member’s illness, injury, or preventive care, or for domestic violence related purposes.
   c. Carryover: Unused NYPSL carries over annually; however, usage is limited to the statutory cap in a given year.

2. New York Paid Family Leave (“NYPFL”)
   Employees may be eligible for job-protected, paid leave to bond with a new child, care for a covered family member with a serious health condition, or address qualifying military exigencies, subject to the terms of the State plan.

3. Statutory Leaves
   a. Family and Medical Leave Act (“FMLA”) (for eligible employers)
   b. Military Leave (USERRA and N.Y. Mil. Law)
   c. Jury Duty Leave
   d. Voting Leave
   e. Bone Marrow and Blood Donation Leave
   f. Lactation Accommodation

4. Company Discretionary Leave
   [Insert Paid Time Off (“PTO”) policy, vacation, personal days, etc.]

E. Workplace Safety & Security

1. OSHA & NYS Labor Regulations
   The Company complies with all occupational safety requirements. Employees must immediately report unsafe conditions.

2. Drug-Free Workplace
   Possession, use, or distribution of illegal drugs on Company property is prohibited.

3. Workplace Violence Prevention
   The Company maintains a zero-tolerance policy for threats or acts of violence.

F. Technology, Confidentiality & Proprietary Rights

1. Acceptable Use of Technology
   Company-provided systems are for business use and may be monitored consistent with Applicable Law.

2. Confidential Information
   Employees must safeguard confidential and proprietary data, both during and after employment.

3. Intellectual Property Assignment
   Works created within the scope of employment are “works made for hire” and owned exclusively by the Company.

G. Standards of Conduct & Corrective Action

1. Expected Conduct
   Employees must perform duties ethically, comply with Company policies and Applicable Law, and avoid conflicts of interest.

2. Progressive Discipline
   The Company may, but is not required to, utilize a progressive discipline process (e.g., verbal warning, written warning, suspension, termination).

3. Immediate Termination
   Conduct involving dishonesty, violence, harassment, or other serious violations may result in immediate dismissal.

IV. REPRESENTATIONS & WARRANTIES

1. Employee Representations
   The Employee represents that:
   a. He/She is legally authorized to work in the United States.
   b. He/She will comply with all Applicable Law and Company policies.

2. Company Disclaimer of Warranties
   Except as expressly stated, the Company makes no warranties, express or implied, regarding continued employment, promotion, or compensation.

3. Survival
   The confidentiality and intellectual property provisions survive termination of employment.

V. COVENANTS & RESTRICTIONS

1. Covenants of the Employee
   a. Compliance with Policies: Employee shall adhere to all Company policies in effect from time to time.
   b. Non-Solicitation: For a period of [X] months following termination, Employee shall not solicit Company clients or employees, subject to Applicable Law.
   c. Return of Property: Upon termination, Employee shall promptly return all Company property.

2. Company Covenants
   The Company will provide a workplace free of unlawful discrimination and pay wages in accordance with Wage Hour Laws.

VI. DEFAULT & REMEDIES

1. Events of Default
   a. Material violation of Company policy.
   b. Breach of confidentiality or intellectual property obligations.
   c. Failure to return Company property.

2. Notice & Cure
   Where feasible, the Company will provide written notice of default and allow up to [5] business days to cure, except for conduct warranting immediate termination.

3. Remedies
   a. Disciplinary action up to and including termination.
   b. Injunctive relief (limited as set forth in Section VIII).
   c. Recovery of damages, including reasonable attorney’s fees and costs.

VII. RISK ALLOCATION

1. Indemnification – Employee Conduct
   To the fullest extent permitted by law, Employee shall indemnify and hold harmless the Company and its directors, officers, and agents from any loss, liability, or expense arising out of Employee’s willful misconduct or gross negligence in the course of employment.

2. Limitation of Liability
   The Company’s liability to any Employee for claims arising out of employment shall not exceed the statutory limits imposed by Applicable Law.

3. Insurance
   The Company maintains workers’ compensation, disability, and paid family leave coverage as required by New York law.

4. Force Majeure
   The Company shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, pandemic, government order, or labor dispute.

VIII. DISPUTE RESOLUTION

1. Internal Resolution
   Employees are encouraged to resolve workplace disputes informally with supervisors and Human Resources.

2. Governing Law
   All claims shall be governed by the laws of the State of New York, without regard to conflict-of-law principles.

3. Forum Selection
   Any legal action shall be commenced in a state court of competent jurisdiction located in [COUNTY], New York.

4. Optional Arbitration
   a. Opt-In Election: An Employee may elect, by signing an Arbitration Agreement (attached as Appendix A), to resolve covered claims through binding arbitration pursuant to the Federal Arbitration Act.
   b. Covered Claims: Wage disputes, discrimination claims, and other statutory or common-law claims, except for claims for injunctive relief under Section VIII(6).
   c. Rules & Procedure: The arbitration shall be administered by [AAA/JAMS] under its Employment Arbitration Rules.
   d. Costs: The Company will bear any arbitration filing and administrative fees in excess of the cost of filing in state court.

5. Jury Waiver
   To the fullest extent permitted by the New York Constitution and Applicable Law, and absent an effective Arbitration Agreement, the parties knowingly and voluntarily waive their right to a trial by jury in any action arising out of or relating to employment.

6. Injunctive Relief
   Nothing herein limits either party’s right to seek temporary or preliminary injunctive relief in state court to preserve the status quo or protect trade secrets.

IX. GENERAL PROVISIONS

1. Amendment & Waiver
   The Company may amend this Handbook at any time. No amendment or waiver shall be binding unless communicated in writing by the Company’s [HR Director/Legal Department].

2. Assignment
   Employee may not assign any rights or delegate any obligations under this Handbook without the Company’s prior written consent.

3. Severability
   If any provision is held unenforceable, the remainder shall remain in full force, and the invalid provision shall be reformed to the minimum extent necessary to reflect the parties’ intent.

4. Integration
   This Handbook, together with any signed acknowledgments and agreements (e.g., Arbitration Agreement, Confidentiality Agreement), constitutes the entire understanding of the parties regarding the subjects described.

5. Electronic Signatures
   The Company may rely on electronic signatures and acknowledgments as legally binding to the fullest extent permitted by E-SIGN and N.Y. Tech. Law § 304.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the undersigned acknowledge receipt and understanding of this Handbook and agree to comply with its terms.

[EMPLOYER NAME]
By: ____
Name: ____
Title: _____
Date: _________

EMPLOYEE ACKNOWLEDGMENT
I, [EMPLOYEE NAME], acknowledge that I have received, read, and understand the Company’s Employee Handbook effective [EFFECTIVE DATE], and I agree to adhere to the policies contained herein. I understand that my employment is at will.
Signature: ____
Date: ________

APPENDIX A – OPTIONAL MUTUAL ARBITRATION AGREEMENT

[// GUIDANCE: Include only if Company elects to offer/require arbitration. Ensure compliance with NY N.Y. C.P.L.R. § 7515 and federal law.]

[END OF DOCUMENT]