subject: Labor Laws in New York [print this page] Labor Laws in New York Labor Laws in New York
Although the United States Department of Labor has established employment law standards with the Fair Labor Standards Act (FLSA), there are certain states that provide more comprehensive and beneficial laws to their workforce on top of it. As one of those states, New York provides unique minimum wage, overtime, and fringe benefit laws to non-exempt employees.
Overtime Pay In New York
Unlike the FLSA, labor law in NY does not exempt in-home (residential) employees from receiving overtime benefits. A standard workweek, under the FLSA, is seven consecutive 24-hour periods. Within that timeframe, any hours worked over 40 by non-exempt employees (and any hours worked over 44 by in-home employees) are compensable at 1.5 times an employee's "straight" pay.
Two or more weeks may not be averaged to determine one "workweek." Any single workweek during which a covered employee works overtime is eligible for overtime pay, regardless of how many hours the employee works during other weeks. New York wage and hour law allows employees who have been denied overtime pay to recover their lost wages, sometimes from years ago.
Fringe Benefits for New York Employees
No New York employer is legally obligated to provide fringe benefits to its employees (i.e., paid vacation time, other paid time off, covering of work-related expenses). However, employers are legally bound to provide any benefits they have promised to the employee. Workers must be informed, in writing, of the benefits they will receive during their employment. Lacking this written notification, verbal notification of benefits can suffice in certain cases. New York wage and hour attorneys can review such cases and regain back wages for their clients.
Minimum Wage in NY
Non-exempt employees are entitled to $7.25 an hour, the New York minimum wage. This is the same as the Federal standard. Some exceptions/augmentations to this rule are as follows:
Tipped employees who make at least $2.55 an hour in tips may be paid at a rate of $4.60 an hour. Employers are responsible to pay a rate that, when combined with the tipped wages, is equivalent to $7.25 an hour.
Employees can be required to wear uniforms, but the purchase and maintenance costs cannot bring the worker below minimum wage. In such a case, the employer must cover the costs.
Administrative and executive employees who make more than $543.75 a week are exempt from minimum wage requirements.
Other specific exemptions and augmentations regarding the minimum wage in New York are detailed at the New York Department of Labor website.
At USOvertimeLawyers.com, there is more information on NY labor laws. There, you can also contact a New York overtime attorney who can help you in getting back wages for compensation that you've been denied.
