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What is the status of an employer’s oral agreement to provide a particular fringe benefit?

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Section 195.5 of the Labor Law states: Every employer shall notify his employees in writing or by publicly posting the employer’s policy on sick leave, vacation, personal leave, holidays and hours.

If an employer does not have a written policy, the oral policy (or past practice) may be enforced – if the terms of the policy can be confirmed through an investigation. Moreover, violators of § 195.5 are subject to civil penalty.


October 2018

Tags: New York, Wage and Hour

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