Example: If a franchisor employer exercises some control over the work or working conditions of a franchisee’s employees, both franchisee and franchisor may be considered “joint employers” of the employees under the law and have an obligation to ensure that the law’s requirements are met.
The franchisee and franchisor may agree between themselves who will be responsible for providing employees with the notice required under the law and who will be responsible for record keeping responsibilities, but any such agreement cannot limit or deny the rights of the employees under the law.14.
Every employer that is a joint employer must count each employee jointly employed in determining the number of employees who work for pay. Maria does not maintain two different balances of accrued sick leave: one at ABC Corp., one at XYZ Corp.
OTHER FEDERAL AND STATE LAWS RELATED TO LEAVE TIME VIII. What does “calendar year” mean for purposes of the law?
Employees must work more than 80 hours a calendar year to count toward the number of employees.6.
If the owner or principal of the multiple locations of a business owns at least 30 percent of each location that is engaged in the same business or operate under a franchise agreement with the same franchisor as defined under New York State law, then the total number of employees should include employees at all locations in New York City as long as the multiple locations collectively employ at least five employees.
Note: Employers must include their calendar year in the written notice they are required to give employees. If the employer is part of a chain or has multiple locations, do all employees count toward the number of employees?
Factors DCA will consider include but are not limited to whether: 15.
How should joint employers count the employees they jointly employ?
There are four other locations of this franchise in New York City. Would Silvia be required to provide paid or unpaid sick leave?
Silvia would be required to provide unpaid sick leave to her employees.
If the drivers do this work in New York City for more than 80 hours in a calendar year, Sara must allow them to accrue and use up to 40 hours of sick leave. Its drivers drive through New York City without stopping to make deliveries or pickups.