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New York State Labor Laws
The State of New York is serious about protecting its workers and making sure that they receive payment for all the work they do through the New York state labor laws. The many aspects of employment labor and wage provisions that are defined include:
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Employers who are not in compliance with New York state work laws are liable for fines, penalties, and imprisonment.
Minimum Wage Laws in New York State
The minimum wage in New York is currently $7.25 per hour. The New York state labor law minimum wage provision covers most private sector employees, but does not apply to salespersons, part-time babysitters, taxicab drivers, or camp counselors.
Overtime Pay Laws in New York
Non-exempt employees who are covered by the minimum wage law are also eligible for overtime pay at the rate of 1.5 times the employee’s regular rate of pay for hours worked in excess of forty hours in one workweek. So, an employee who receives $10.00 per hour worked will receive $15.00 for each overtime hour worked.
Is Mandatory Overtime Legal In New York?
Under Federal law, there is no limit on the amount of overtime that an employee may be required to work, although some states including New York do regulate mandatory overtime which is the amount of overtime some workers may work, including mandatory overtime for nurses and other healthcare professionals.
Manual workers, however, must be given a consecutive 24 hour period off per week, although there are also some exceptions to that rule.
The Gray Areas of the Texas State Labor Laws & Overtime Provisions
While the Texas labor laws overtime provision is mostly black and white there is some gray area which leads to many misconceptions about overtime by both employers and employees.
Employers may violate the Texas labor laws overtime provision by failing to pay their employees the proper hourly rate. This can occur by paying overtime at the same rate as straight time, versus time and one-half. It can also occur when the employer fails to include bonuses and shift pay in the employee’s regular hourly rate.
Other times employers may violate Texas overtime labor law provision include:
- Failing to pay their employees for the total hours they have worked.
- This may include failing to pay for time such as:
- time spent cleaning equipment
- time spent putting on a uniform before work begins
- break time
- travel time
- time you worked late without being asked to do so or work done at home
- This may include failing to pay for time such as:
- Getting “comp time” for working overtime hours in a work week (if you don’t work for a governmental entity).
- A typical example is someone who works 55 hours in a workweek, and is told by their employer that they will give you 15 hours off the next week to “make up” for the extra hours worked. This is improper under the Texas overtime law. If you are non-exempt, you are entitled to be paid overtime for any hours worked in excess of 40 hours per week.
- Employers frequently classify employees as exempt, when they are actually non-exempt.
- The test is not whether you are salaried, but whether your actual job duties qualify you for an exemption.
New York wage and hour law provides that all private sector employees be paid in a timely fashion (aside from those who are executive, administrative or professional employees and earn more than $600 per week):
- Manual employees–weekly and within 7 days after the work week ends
- Clerical and other employees–at least twice per month
- Commissioned salespersons–at least once per month and no later than the last day of the month during which the wages and commissions were earned.
An employer must advise employees of their rate of pay and their regular pay date at the time of hiring.
New York State Employee Benefits
As another form of payment for their work with their company, many employees enjoy the benefits of health insurance. According to the New York state labor laws an employer is not required to provide additional benefits such as health insurance, paid vacation, or paid sick leave, but if the employer fails to provide certain benefits after agreeing to do so, it constitutes a criminal offense in New York.
Additionally, an employer is required to post or otherwise advise its employees of its policy regarding sick leave, vacation, personal leave, holidays and hours of work. Employers are required to maintain payroll records for each employee indicating the hours worked, gross wages, payroll deductions and net wages and must furnish this information to each employee with every paycheck.
Employment of Minors
New York state work laws also protect minors by comprehensively regulating their employment as well. It is equally important for both workers and employees to know the overtime laws, which govern and protect employee rights.
It is lawful for a company to hire a minor but they must meet the following criteria:
- Minors not yet 14 – may not be employed at any time, neither after school nor during vacation
- Minors 14 and 15 years old – may work after school hours and during vacations, but not in factory work.
They may do delivery and clerical work in any enclosed office of a factory, and in dry cleaning, tailor, shoe repair, and similar service stores.
- Minors 16 and 17 years of age – if not attending school, may work full time throughout the year. Factory work is permitted for minors 16 years of age or older.
In an effort to keep employees from breaking these laws, the state of New York and the FLSA require companies to hang posters with the rights of employees in plain sight. It is very important for employees to know their rights so that they are fully compensated for their work. It is also very important for employers to know the laws so that they do not unknowingly cheat their workers of their earned payment. If an employer does not follow these laws they can be held liable for damages to their workers and may also be made to pay fines to the state for breaking the laws.
Do You Need a Lawyer?
If you believe that you have a valid claim against your employer, you should consult with a reliable employment and overtime attorney such as those at Lore Law by completing our online Case Evaluation Form today so that one of our knowledgeable overtime attorneys can help you decide if your claim is legally valid and worth pursuing