Although New York overtime law strengthens and further defines the basic provisions contained within the Federal Fair Labor Standard Act (FLSA) of 1938, the FLSA remains the foundation for the regulation of labor across throughout the Nation. These laws set the guidelines and mandate enforcement for minimum wage, child labor, and overtime pay. New York overtime law violations are a misdemeanor offense.
* The Department of Labor is the agency which enforces labor laws with provisions, industrial codes, and rules to protect all parties involved.
* Labor law violations can result in severe fines, penalties, and/or imprisonment
* The FLSA authorizes the Secretary of Labor to assess a civil monetary penalty up to $10,000 for each violation of the labor regulations regarding minors.
* Employers can not penalize or discharge whistleblowers (employees who seek redress from employers for alleged violations of any provision of the New York labor laws).
The Department of Labor enforces these laws and violations of any provision of the New York state overtime laws, the Industrial Code, or any rule, regulation or lawful order of the DOL as misdemeanor crimes, punishable by fine, imprisonment, or both. Civil penalties for each violation of New York labor laws governing the employment of minors begin at $10,000 for each violation. This penalty does not include fines, imprisonment, or restraint by injunction.
New York Labor Laws Work Overtime (11/16/10)
Healthfirst, Inc.: One of the nations’ fastest growing health plans, Healthfirst, Inc. has agreed to pay almost $7.7 million to settle a class action suit that alleged the company failed to pay its marketing representatives for overtime. The company is a non-profit which contracts with state and local governments in New York to provide Medicaid-eligible patients with managed care.
The plaintiffs brought the class action claims to court under New York overtime law and collective action claims under the Federal Fair Labor Standards Act (FLSA).
This was clearly a case where the employer misclassified the marketing representatives as exempt employees. Healthfirst, Inc. sends their marketing representatives, who often earn little more than the Medicaid recipients they recruit, into hospitals, doctors’ offices, and pharmacies in low income neighborhoods to enroll eligible Medicaid and other free health insurance recipients. Many of these marketing representatives often work late into the night collecting and copying Medicaid eligibility documents, as well as completing the paperwork necessary to receive payment.
Healthfirst, Inc. maintains that its business practices are and always have been in compliance with New York’s wage and labor laws, but chose to settle because it is in the best interests of the company and its customers. Over 100,000 pages of discovery documentation were produced, and the resulting case would have been long and drawn out.
Dollar Budget, Inc.: Another recent class-action suit in New York City was recently settled when the owner of local Dollar Budget, Inc. and Dollar Street stores was ordered to reimburse workers for $96,000 and $123.15 for failing to pay employees’ minimum wages and overtime compensation.
If you are an employee and have a complaint regarding any violations of any provision covered under New York overtime law, you are protected from penalization or discharge by your employer under the Fair Labor Standards Act. Contact a reliable labor and overtime lawyer today by completing our convenient online Case Evaluation Form today.
