Construction workers in New York have some of the strongest legal protections in the country. Understanding these rights can protect your health, your income and your future.
Your right to a safe workplace
Every construction worker in New York is entitled to a hazard-free job site. Under New York Labor Law § 200, employers must provide reasonable and adequate protection to every worker on site. Your employer must supply personal protective equipment such as hard hats, gloves and fall protection at no cost to you.
Your right to refuse dangerous work
If a task puts you at immediate risk of death or serious injury, you can legally refuse to do it. You must first report the hazard to your employer and give them a chance to fix it. Your employer cannot fire, demote or punish you for refusing to work in conditions that threaten your safety.
Protection under the Scaffold Law
New York Labor Law § 240 gives you powerful protection if you suffer a gravity-related injury on the job. These laws cover falls from scaffolds or ladders and injuries from falling objects. Property owners and contractors face absolute liability under these statutes. Courts can hold them responsible even if they claim you were partly at fault.
Your right to fair pay and proper classification
You have the right to minimum wage, overtime pay for hours above 40 per week and the prevailing wage on public works projects. Many construction workers carry a contractor label that strips them of benefits and overtime pay. The company must prove you meet strict legal tests before it can treat you as a contractor.
- Overtime: Time and a half applies after 40 hours in a workweek.
- Prevailing wage: Government-funded construction projects must pay the prevailing rate.
- Misclassification: An improper label does not strip you of employee rights.
If your pay situation is unclear, document your hours and keep your pay stubs.
Your right to workers’ compensation
If you suffer an injury or illness because of your job, you can seek medical care and workers’ compensation benefits regardless of fault. Your employer cannot legally fire or threaten you for reporting a work injury. You can also file a confidential complaint with OSHA if your employer retaliates or ignores a hazard.
When to speak with an attorney
New York construction law is complex, and the rights described here interact in ways that may not always be clear. Speaking with a lawyer may clarify whether you have claims beyond workers’ compensation and what steps to take next.