New York labor laws exceed the Federal Fair Labor Standard Act (FLSA) of 1938 which is the basis for labor laws across the country. Nearly every state has set additional labor standards within areas governed by the FLSA. New York labor laws define the State’s own parameters that protect New York workers and define protocol for employers in the state of New York to follow. These laws exist to provide regulations for minimum wage, child labor and overtime pay, as well as, other obligations employers are to follow to guarantee the protection of themselves, their employees, and their employees’ union.
- Labor law violations are a misdemeanor.
- The Department of Labor enforces New York Labor laws with provisions, Industrial Codes and rules in place to protect all parties involved.
- Labor law violations can result in hefty fines or imprisonment or both.
- Labor law violations can incur civil penalties for each violation of labor law governing the employment of minors less than 18 years of age by an employer.
- Fines include up to $1,000 for 1st violation, $2,000 for second, and $3,000 for the third and subsequent violations.
- Largest penalty for injury or death is triple the max penalty allowed under the law for such a violation.
- The Secretary of Labor under FLSA authorization can assess a civil money penalty of up to $10,000 for each violation of the labor provisions regarding minors.
- An employer can not penalize or discharge an employee because he/she has complained to the Labor Department for alleged violation of any provision of the New York wage and hour provisions.
The Department of Labor is responsible for enforcing these laws and violations of any provision of the New York labor laws, the Industrial Code, or any rule, regulation or lawful order of the DOL is a misdemeanor, punishable by fine or imprisonment or both. Civil penalties for each violation of labor law governing the employment of minors can be an upwards of $10,000 for each violation of the labor provisions regarding minors or any of its regulations. This penalty is in addition to those provisions for fines, imprisonment, or restraint by injunction.
If you are an employee and have a complaint regarding any New York wages violations of any provision covered under the New York labor laws, you are protected from penalization or discharge by your employer under the Fair Labor Standards Act. Contact an experienced overtime attorney as soon as you can as these laws are subject to time limitations.
Case Examples of Overtime Lawsuits Involving New York Labor Law Violations
Case Example No. 1: Cuomo in New York sues Fed Ex
Attorney General, Andrew Cuomo’s office is suing Fed Ex alleging the delivery giant has cheated its delivery drivers out of overtime and other benefits.
Filed October 22, 2010, this suit asserts that Fed Ex concocted an “elaborately constructed scheme” to classify its drivers as independent contractors to circumvent the State’s labor law.
In this case, Fed Ex is alleged to have failed to recognize their drivers as employees and, as a result, is in violation of the provisions set forth under New York labor laws.
Case Example No. 2: NYC Dollar Store Chain Pays Back Wages
More than $485,000 in minimum wages, overtime pay, liquidated damages and interest were awarded for more than 120 employees of several New York City’s area dollar stores.
The Department of Labor took legal action against the chain because, in the past, the defendants have professed to operate single establishments even though they were in fact operating a large, multi-establishment retail franchise. Under FLSA FairPay overtime regulations, large operations of this nature are required to pay their workers overtime compensation for hours worked over a 40-hour workweek or over an 8-hour day.
The owner of Dollar Budget, Inc. and Dollar Street, was ordered to pay employees $96,000 and $123.15 in interest for withholding minimum wage payment and overtime compensation. If they fail to pay on time, the court can appoint a receiver with the power to seize and liquidate their assets to satisfy the order.