For example, to ensure equal pay for all workers who perform similar work, the Wage History Act came into force in January 2020. This law prevents New York employers from asking applicants for their pay history as a condition of employment. They are also prohibited from seeking this information elsewhere. Without a doubt, New York has one of the most extensive vacation laws in the country. The following sections provide an overview of New York`s many vacation laws. You are entitled to be paid for every hour worked. If your employer pays you less than minimum wage or doesn`t pay you for every hour worked, they`re violating wage and hour laws. Your employer could be violating pay and hours laws by not counting certain times as working time, including: In all cases, the cash wage plus tip credit must be at least equal to the New York minimum wage. You can also learn about labor laws, known as labor standards, minimum wage, hours of work, child labor, payment of wages and wage supplements, industrial duties, garment industry registration, registration of professional employer organizations, agricultural labor and much more on the DOL website. The New York State Department of Labor helps collect underpayments for workers who have not received minimum wage.

Often, funds are collected without resorting to legal proceedings. Labor laws protect all workers and employers must pay all workers for all hours worked, regardless of immigration status. This applies even if an employer knew or later learned that an employee did not have a legal work permit. The employment office does not apply for immigration status and has claimed workers` wages regardless of this status. Sometimes employers mistakenly „classify” employees as independent contractors rather than employees. Independent contractors do not have as many rights as employees and are not entitled to minimum wage or overtime protection. Whether you are an employee or an independent contractor depends on a variety of factors related to the level of control your employer has over your work. If you believe you have been wrongly classified as an independent contractor, please contact the employment office via our claim form. In New York, every worker must receive adequate pay for every hour worked, including overtime.

If they travel during the working day, they should also be compensated for this. Compliance with federal and New York federal compensation and hours laws is a common challenge for employers across the state. New York employers must manage payroll compliance in areas such as minimum wage, overtime, meal and rest breaks, deductions, salary frequency, and final payroll requirements. As of December 31, 2019, the minimum wage in New York City is $15.00 per hour. The minimum wage in Suffolk, Nassau, and Westchester counties is $13.00, while in the rest of the state it is $11.80. Fast food workers and tippers have different minimum wages. New York`s minimum wage system is becoming increasingly complicated, especially in New York and surrounding counties. There are also industry-specific rules that must be followed. An experienced payroll and hours attorney can assess your current compensation structures and policies and help you avoid New York minimum wage violations. We can help you assess your compensation structures and exempt or non-exempt classifications and ensure your organization complies with the law. There is no general legal limit on how long the employer can require adults to work, but you are entitled to overtime pay for all hours worked after 40 hours in a work week.

Factories, shops, hotels, restaurants and certain other employers are required to provide all employees with at least one full day of rest (24 consecutive hours) per calendar week. There are limits on how long people under the age of 18 can work, and for some workers, such as drivers, there are safety laws that limit the number of hours allowed. For more information, contact the New York State Department of Labor at (800) 662-1220 or visit www.labor.ny.gov or contact the U.S. Department of Labor at 1-866-4-USWAGE or visit www.dol.gov. New York also has something, the aforementioned Wage Theft Prevention Act (WTPA), which expands notification rules for workers, improves the remedies available for violations of the Wages Act, and strengthens whistleblower protection. If an employer is held liable for a labor law violation, they may be asked to pay financial damages, serve jail time, or both. Any wage violation of the Labour Code will be treated as an administrative offence. An employer may only make deductions that are required by law (e.g., payroll tax, child support orders, wage garnishments) or that have been expressly authorized by the employee in writing and in favor of the employee, for items such as: Minimum wage and overtime are covered by federal laws, state and local. Generally, the law that provides the greatest benefit or protection to employees applies. The Fair Labor Standards Act (FLSA) sets federal minimum standards for minimum wage, overtime, records, and child labor. While many provisions of the RSA are less generous than New York State law, other provisions may still apply.

In New York minimum wage cases, an experienced attorney can help you navigate the different laws that apply in New York State and its municipalities. David S. Rich is a labor attorney with over 20 years of experience handling minimum wage issues in New York City. For advice, please contact the law firm of David S. Rich, LLC. State employers must purchase a PFL insurance policy, but employees pay the premiums. For 2022, employers can deduct 0.511% of weekly wages, up to an annual limit of $423.71. The laws governing payroll deductions in New York are relatively simple. In general, employers can only deduct wages from an employee`s wages in the following cases: Workers have the right to sue to collect wages, but it is often more convenient to complain to the Labor Standards Division of the New York State Department of Labor. which has many local offices across the state. To find the nearest office, you can visit the Ministry of Labour website in www.labor.ny.gov/home/. You can also contact the employment office via our complaint form.

In New York, employers are required to pay disability benefits to partially compensate for lost wages due to injury or illness outside the workplace. These benefits should take the form of weekly cash benefits. Alternative dispute resolution is an important tool in minimum wage disputes in New York. With the help of a mediator, employers and employees can resolve their disputes confidentially and cost-effectively. And in some cases, wage and scheduling disputes are settled rather than litigated. In New York, many of these arbitrations are handled by the Financial Industry Regulatory Authority (FINRA). We have extensive experience in FINRA arbitration in the context of unpaid labour disputes, commissions and bonuses. Federal and New York state laws contain provisions on child labor, and where federal, state and federal child labor laws overlap, the law that provides the highest protection applies. Paid sick leave is paid at the employee`s regular wage rate. Employers cannot claim a tip as a minimum wage credit for vacation. Employers are also not required to pay employees for unused sick leave.

As noted above, the RSA provides exemptions from overtime pay for certain categories of workers. New York follows these exceptions, but requires that these categories of workers receive at least 11/2 times the New York minimum wage for overtime. On December 31, 2016, the first in a series of wage increases came into effect. Prices vary by region and industry, as increases are calibrated to give businesses enough time to adjust. While they primarily refer to New York`s compensation and hours laws, employers should remember that newly hired employees sign a pay notice as part of the onboarding process.