Employment rights for Suffolk County workers

Which courts hear a Suffolk case

• State court: Supreme Court, Suffolk County. Its appeals go to the Appellate Division, Second Department.
• Federal court: the Eastern District of New York. A case is assigned to the Long Island Courthouse in Central Islip when a substantial part of what happened took place in Nassau or Suffolk, or when it was removed from a Nassau or Suffolk state court (E.D.N.Y. Division of Business Rule 1(d)(3)). Otherwise it goes to Brooklyn.

Long Island is in the Second Department

New York’s appellate departments do not always agree, and a Long Island trial court follows the Second Department. Three examples from unpaid-pay cases:

• Whether an unsigned change to a commission plan binds you. In the Second Department, an employee who keeps working accepts the new terms even if the employer never got a signature (Gross).
• Whether the 2021 amendment to Labor Law § 193 applies to older conduct. The First Department says no (Fisher). The Second Department has treated withholding earned pay as a § 193 violation without needing the amendment (Okeke).
• Whether § 198(1-a) gives a private right of action for late payment. The First Department says yes (Vega); the Second Department disagrees. The Court of Appeals has not resolved it.

If you work on Long Island for a company headquartered in Manhattan, you may be able to choose between the departments. Decide before anything is filed. See which court decides my case.

No City law out here, but a stronger State law than before

The New York City Human Rights Law does not cover work in Nassau or Suffolk (unless you also work in the City). The main discrimination law is the New York State Human Rights Law. In 2019 the Legislature directed that it be read liberally, like the City law (Exec. Law § 300), and harassment no longer has to be “severe or pervasive” to be unlawful (Exec. Law § 296(1)(h)). The Second Department has said the amended State law “now aligns with the standards of” the City law (Wright, 237 A.D.3d 1143, 1145 (2d Dep’t 2025)).

The Suffolk County Human Rights Commission

Suffolk County has its own human rights law (Suffolk County Code ch. 528), which covers the same employers as the State law (§ 528-6). A complaint to the county’s Human Rights Commission must be filed within one year of the discriminatory act, and the commission cannot take it if you have already sued over the same thing (§ 528-13). If the commission finds probable cause, an administrative law judge holds a hearing, and the commission can order relief; either side can challenge a final order in Supreme Court, Suffolk County, within 60 days (§ 528-13). One year is far shorter than the three years you have in court under State law, and a county complaint can affect your right to sue later (see below), so talk to a lawyer before filing one.

Pay rules that are set by county

For 2026 the minimum wage in Nassau and Suffolk is $17.00 an hour, the same as New York City and Westchester, and the salary a manager or administrator must earn to be exempt from overtime is $1,275.00 a week. See New York sales commissions law and the overtime questions in it.

Deadlines

A State Human Rights Law claim can be brought in court within three years (CPLR 214(2)), or with the State Division of Human Rights within three years for conduct on or after February 15, 2024 (one year before that) (Exec. Law § 297(5)). An EEOC charge is generally due within 300 days. Filing with the State Division or a county commission can bar a later lawsuit on the same claim, unless the complaint is dismissed for administrative convenience or as untimely (Exec. Law § 297(9)), so decide where to file before you file. See employment claim deadlines.

Where to start

• If you have been offered a severance agreement, or use the severance evaluator.
• If you are owed commissions or wages.
• If you are working with a medical condition.
• For an estimate of what your claims may be worth, the case evaluator.