What is the New York Employment Law?
The New York employment law is in place to protect the rights of employees working in the Empire State.
While the federal Fair Labor Standards Act (FLSA) is in place to set the bar for all states to follow, many states – including New York – offer greater protection and higher minimum wages than provided by the FLSA. If these rights are violated by your employer, you may be entitled to legal remedy.
What is the New York Minimum Wage?
The minimum wage in New York State is currently $8 per hour. In 2015, this amount will increase, making the new minimum wage $8.75 per hour. Then, in 2016, the New York minimum wage will go up once more, peaking at $9 per hour.
While the federal Fair Labor Standards Act gives employers the option to pay tipped employees a lower minimum wage per hour, the employer must pay the difference if the combined total of tips and wages do not add up to the minimum wage or higher in each pay period. This standard also applies in New York.
Although a tipped employee’s minimum wage will vary based on their position. It is recommended that you research your occupation to determine your minimum wage in accordance with New York wage law.
More information regarding New York minimum wage requirements can be found on the New York Department of Labor website.
New York Overtime Law
While not all employees qualify for overtime pay in New York, many do. Non-residential workers are required to be paid overtime wages when working over 40 hours per work week. Residential workers receive overtime after 44 hours per week.
New York Lunch and Rest Break Law
All employees in the state of New York have the right to meal breaks.
- Factory employees get 60 minutes between the hours of 11:00 am and 2:00 pm.
- Mercantile employees get 30 minutes between 11:00 am and 2:00 pm.
- When a shift begins before 11:00 am and end after 7:00 pm, the employee is allotted an extra 20 minute break between the hours of 5:00 pm and 7:00 pm.
- When a shift begins between the hours of 1:00 pm and 6:00 am, factory employees get 60 minutes in the middle of their shift, while mercantile employees get 45 minutes.
If a labor commissioner wishes, they may allot shorter breaks for meals. This permit is required to be in writing, posted openly at the main entrance of the workplace.
What to do if Your New York Employment Rights are Violated?
If your rights as a New York employee have been violated, present the issue to your employer, management, or human resources department. Should they fail to remedy the issue, it may be time to consult with one of our attorneys.
When you choose our firm to represent your unpaid wage claim, we will examine your situation and determine how your case qualifies. We’ll also represent you completely free of charge. You won’t ever pay a penny for our services, and we only get paid when we recover your earned wages.