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ARE NEW YORK EMPLOYERS REQUIRED TO PROVIDE EMPLOYEES WITH AN EMPLOYEE HANDBOOK?

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ARE NEW YORK EMPLOYERS REQUIRED TO PROVIDE EMPLOYEES WITH AN EMPLOYEE HANDBOOK?

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In New York State, employers have a legal obligation to provide employees written information about payday and the employer’s policies on sick leave, personal leave, holidays and hours. New York Labor Law ยงยง 195 (1) (5). Most employers use an employee handbook to provide that information. Employers continue to be wary of creating an express or implied contract with employees either to provide a specific benefit or to create a right to continued employment. New York courts have found that a clear disclaimer in the employee handbook that it does not create a contract of employment will defeat claims that the employee has an implied or express contract of employment. Lobosco v. New York Telephone Company/NYNEX, 96 N.Y.2d 312 (2001). Often employers will have two types of documents: an employee handbook and a policy and procedure manual for managers and supervisors. Generally, the purpose of the employee handbook is to communicate with employees about their employment. The purpose of the p

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