New York labor laws protect New York employees and are regulated by the Department of Labor. Any violation of the provisions of the NY labor law is considered a misdemeanor and is punishable by fine, imprisonment or both.
Civil penalties will be enforced for each violation of labor law governing the employment of minors with fines up to $10,000 for each violation of NY labor law provisions. Any injury or death incurred due to a labor law violation is punishable by law at triple the maximum fines of other violations.Fines include up to 1,000 for the first violation, $2,000 for the second, and $3,000 for each and every subsequent violation.
An example of a case brought to court which involves noncompliance with the New York labor law can be seen in the Fed Ex lawsuit involving Attorney General Andrew Cuomo’s office suing Fed Ex for allegedly cheating its employees of overtime pay and other benefits. The delivery giant is claimed to have cheated its employees out of overtime pay and benefits by a scheme that labeled their delivery drivers as independent contractors. Because they failed to recognize their drivers as employees, the AG takes the position that they were in violation of the provisions set forth under the labor laws of New York.
Employers are prohibited from penalizing or firing whistleblowers (employees who seek justice for any violation occurring under the FLSA (Fair Labor Standards) guidelines, therefore if you feel that you have had overtime pay unfairly withheld, complete our free online Case Evaluation Form and one of our experienced overtime attorneys will help you evaluate your situation.