RULE New York | Category Rules | Official Guidelines

[StateGigs]

Welcome to the New York category. This section is designed for listings and discussions related to:

• FOR HIRE – Individuals or businesses offering their services
• HIRING – Employers looking to fill positions
• SERVICES – Professional, trade, or local service offerings
• LOCAL EVENT – Community gatherings, announcements, and public events

All posts, replies, and content shared within this category must strictly comply with:

1. Applicable New York State Laws
2. New York Labor & Employment Regulations
3. New York Business & Commerce Codes
4. Google's Content & User-Contributed Policies

Our Commitment to Compliance​

We take legal and policy compliance seriously. Our platform is committed to operating in full accordance with New York state regulations, New York labor laws, and Google's community standards. New York has a comprehensive legal framework governing employment, business practices, and public postings, and we are dedicated to upholding them.

While we strive to keep our rules and references as accurate and up-to-date as possible, please note that laws and policies can change. The information and links provided here serve as our primary guidance and roadmap, but they may not reflect the absolute latest amendments.

We believe in transparency and accountability – for both our users and our team.

Official References​

To ensure clarity and eliminate excuses like "I didn't know" or "I couldn't find it," we strongly encourage all users to review the official sources directly:

Reference	Official Link
New York State Department of Labor – Labor law compliance, wage and hour, workplace safety, and workforce development	https://dol.ny.gov/
NY DOL – Minimum Wage Information – Current state wage requirements by region and industry	https://dol.ny.gov/minimum-wage
NY DOL – Wage Theft Hub – File wage theft claims and enforcement information	https://dol.ny.gov/wage-theft-hub
New York Attorney General – Workers' Rights – Employee rights, wage protections, and complaint filing	https://ag.ny.gov/publications/employees-rights-workplace
NYC Department of Consumer and Worker Protection – NYC ESSTA and workplace protections	https://www.nyc.gov/site/dca/index.page
New York Department of State – Division of Licensing Services – Contractor licensing, professional licensing, and registration	https://dos.ny.gov/licensing-services
New York Secretary of State – Business Services – Business registration, entity search, and compliance	https://apps.dos.ny.gov/publicInquiry/
New York Legislature – Track legislation, session laws, and public acts	https://www.nysenate.gov/legislation
Google User-Contributed Content Policy – Spam, harassment, illegal content, and community standards	https://support.google.com/googleshopping/answer/10012515
Google Terms of Service – General platform rules and enforcement	https://policies.google.com/terms

These are the foundational documents we use to evaluate content and enforce our rules.

New York Labor & Employment Laws – What You Need to Know​

New York law sets clear standards for employers, workers, and service providers. All hiring and service posts must comply with the following:

• Minimum Wage – Regional Rates:Effective January 1, 2026, New York's minimum wage varies by region:
  • New York City, Long Island, and Westchester County: $17.00 per hour
  • Remainder of New York State: $16.00 per hour
  Beginning January 1, 2027, the minimum wage will increase annually based on the Consumer Price Index (CPI-W) for the Northeast Region, capped at a maximum annual increase of 3%.
• Tipped Employees (Hospitality Industry Only):New York law allows employers in the hospitality industry to take a tip credit. Managers and owners cannot take a share of workers' tips:
  • NYC, Long Island, Westchester: Service employees: $14.15 cash wage + $2.85 tip credit; Food service workers: $11.35 cash wage + $5.65 tip credit.
  • Remainder of NYS: Service employees: $13.30 cash wage + $2.70 tip credit; Food service workers: $10.70 cash wage + $5.30 tip credit.
    Important:
  The tip credit is only allowed in the hospitality industry. Employers in other industries cannot take a tip credit.
• Overtime Pay: New York requires premium pay (one and one-half times the regular rate) after 40 hours in a workweek for most non-exempt employees. For example, an employee earning $17.00 per hour must be paid $25.50 per overtime hour ($17.00 x 1.5). Certain employees may be exempt based on their duties and salary level. New York State does not require overtime pay for work on weekends or holidays unless the employee exceeds 40 hours in the workweek.
• Salary Threshold for Exempt Employees: Effective January 1, 2026, the salary threshold for exempt administrative and executive employees is $1,275 per week ($66,300 per year) for NYC, Long Island, and Westchester, and $1,199.10 per week ($62,353.20 per year) for the remainder of the state. Employers who do not increase a worker's salary to at least the threshold must reclassify the worker as non-exempt and pay overtime for hours worked over 40.
• Worker Classification (ABC Test): New York applies a strict ABC Test to determine whether a worker is an employee or independent contractor, particularly under the New York Unemployment Insurance Law (UIL) and Workers' Compensation Law. A worker is presumed to be an employeeunless the hiring entity can prove ALL THREE of the following:
  • (A) The worker is free from control and direction over the performance of the service, both under the contract and in fact;
  • (B) The service is performed outside the usual course of business of the employer; and
  • (C) The worker is customarily engaged in an independently established trade, occupation, profession, or business.
  Misclassification carries severe penalties, including unpaid unemployment insurance contributions, workers' compensation premiums, and civil penalties of up to 100% of the unpaid contributions plus interest. The NY DOL and the Attorney General's Office actively enforce classification standards.
• Pay Transparency Law: New York State requires businesses with four or more employees to include a good faith compensation range (minimum and maximum annual salary or hourly rate) and a job description in all postings for designated job opportunities, promotions, and transfers. Postings must also state if a position is commission-based.
• Freelance Isn't Free Act: New York State law provides specific protections for independent contractors and freelancers. Any person or organization retaining a freelancer for services totaling $800 or more (in a single contract or aggregated over 120 days) must provide a written contract. The contract must detail the services, value, rate and method of compensation, and payment date. Unless otherwise specified in the contract, payment must be made no later than 30 days after services are completed.
• Trapped at Work Act (Effective Dec. 19, 2025): Employers are prohibited from requiring employees, independent contractors, interns, or volunteers to sign "employment promissory notes" as a condition of employment. This includes agreements requiring repayment of training costs if the employee leaves before a specified period.
• Prohibition on Consumer Credit Checks (Effective April 18, 2026): Employers are prohibited from requesting or using consumer credit history (credit reports, credit scores, bankruptcies, liens, or judgments) of applicants or employees for employment decisions. Very narrow exceptions exist for specific financial and security roles.
• Pay Notice and Paystub Requirements: Employers must provide employees with pay notices under Labor Law section 195(2) and maintain accurate paystubs. Failure to comply may result in penalties of up to $5,000 per worker.
• NYC Earned Safe and Sick Time Act (ESSTA) – 2026 Updates: Effective February 22, 2026, NYC employers must provide employees with 32 hours of unpaid safe and sick time immediately upon hire and at the start of each calendar year. This is in addition to existing requirements for 40 or 56 hours of paid safe and sick time. Effective July 23, 2026, paystubs must detail protected time off accrual, usage, and balances.
• Licensing Requirements: Many professions require a valid license issued by the New York Department of State – Division of Licensing Services. The DOS licenses professions including home improvement contractors, alarm installers, appearance enhancement professionals (cosmetologists, barbers, estheticians), and private investigators. Additionally, trades such as electricians and plumbers require specific local licensing in NYC and other municipalities. Anyone posting professional services must verify they hold the appropriate New York licenses and will provide proof upon request.
• Notice Requirements: Employers must display required labor law postings in the workplace, including the updated minimum wage poster, workers' compensation information, anti-discrimination protections, and unemployment insurance information. New York employers must also provide written notice of pay rate and payday at the time of hire.

Enforcement & Penalties​

To maintain a safe, lawful, and respectful environment for everyone, we enforce the following:

• All posts and comments must comply with New York state law, New York labor regulations, New York business codes, and Google policies.
• If a post or reply is reportedand found to be in violation, we will:
  1. Investigate promptly – Our team reviews every report in a timely manner.
  2. Take immediate action – Content that violates our rules will be removed, edited, or hidden without prior notice.
  3. Apply penalties– The responsible user will receive:
     • A formal warning or notification
     • Penalty points added to their account
     • Repeat or severe violations may result in temporary suspension or permanent ban from the platform.

We reserve the right to take action against any content we deem inappropriate, even if it is not explicitly listed in this guideline.

Note: While our moderation team strives for consistency, all enforcement actions and interpretations of these rules are at the sole discretion of StateGigs Administration. Our decisions are final.

User Responsibility​

By posting in this New York category, you agree that:

• You have reviewed and understood the referenced laws and policies.
• You are solely responsible for the accuracy and legality of your content.
• You will not use ignorance of the rules as a defense if a violation occurs.
• If you are offering professional services, you hold any required New York licenses (Department of State Division of Licensing Services registrations or local NYC trade licenses) and will provide proof upon request.

We are not legal experts, and this guidance is provided in good faith to help our community stay compliant. However, it is ultimately your responsibility to ensure your posts meet all current legal and policy requirements.

Questions or Concerns?​

If you're unsure whether your post complies, or if you need clarification on any rule, feel free to reach out to our moderation team before posting. We're here to help – but we're also here to enforce.

Disclaimer – Governing Law​

This platform and its operations are governed by the laws of the State of Delaware, regardless of the state-specific category in which content is posted. By using this site, you agree that any legal disputes or claims arising from your use of the platform shall be resolved exclusively under Delaware jurisdiction. While we strive to align our category rules with applicable local laws, our governing framework remains rooted in Delaware law, and all enforcement actions are taken accordingly.

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Thank you for being part of our community and for helping us keep this platform lawful, professional, and fair for everyone.

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StateGigs Administration