As an employee, you have the right to receive fair compensation for the time you spend working. However, asserting your rights and asking your employer to pay you for the hours you worked in New York may jeopardize your job.
Is Your Job at Risk Because You Insisted Your Employer Pay You for the Time You Worked in New York?
Overview of New York Wage and Hour Laws
The New York Labor Law is the primary law governing wage and hour issues in the state. Under this law, employers must pay their employees the minimum wage rate and overtime pay for any hours worked over 40 hours in a week. The minimum wage rate in New York varies depending on the location, industry, and size of the employer. In addition, the law requires employers to keep accurate records of all of the hours that their employees worked and to provide them with wage statements.
Can Your Employer Retaliate Against You for Asserting Your Rights?
Under New York State law, employers are prohibited from retaliating against employees for asserting their rights under the labor law. Retaliation can take many forms. It can result in the termination of one’s job, demotion, or harassment. If you suffered retaliation by your employer for asserting your rights, you may be able to file a complaint with the New York State Department of Labor or pursue legal action against your employer.
However, it’s not always easy to prove that retaliation occurred. To establish a retaliation claim, you must show that you engaged in a protected activity, such as requesting overtime pay or filing a complaint with the New York State Department of Labor, and that your employer took adverse action against you because of that activity.
If you believe your employer has retaliated against you for asserting your rights, it’s essential to document the retaliation and consult an experienced New York employment attorney.
What to Do If You Are Not Paid for the Time You Worked
If you have not been paid for the time you worked in New York, you should first try to resolve the issue with your employer. You can do this by speaking to your supervisor or HR representative and explaining the situation. If your employer refuses to pay you, you can file a complaint with the New York State Department of Labor.
To file a complaint, you must submit a Wage Claim Form to the Department of Labor. The form requires you to provide information about your employer, your job duties, and the hours you worked. You must also provide documentation to support your claim, such as timesheets or pay stubs.
After you file a wage claim, the Department of Labor will investigate the matter and attempt to resolve the issue with your employer. If your employer is found to have violated the labor law, they may be required to pay you the wages you are owed, plus interest and penalties.
How The Samuel Law Firm Can Assist You
If you believe your job is in jeopardy because you insisted that your employer pay you for the time you worked in New York, you should consult an experienced New York employment lawyer. The Samuel Law Firm is a well-respected law firm in New York that has extensive experience representing employees in wage and hour disputes.
The attorneys at The Samuel Law Firm can provide you with legal advice and representation to help you protect your rights. They can assist you with filing a wage claim with the Department of Labor, negotiating a settlement with your employer, or pursuing legal action against your employer if necessary. Contact us now for a confidential consultation.