New York labor laws can be notoriously complex. Understanding the nuances of these laws can help you protect yourself from being taken advantage of by your employer. Although not all businesses are actively trying to deny workers the fair pay and wages they deserve, many do.
If you believe your employer violated state or federal employment laws by denying you the compensation you are entitled to, you may have grounds for legal action. With help from a dedicated New York unpaid wages attorney from the Samuel Law Firm, you can hold them accountable and recover the wages and benefits that are rightfully yours. Schedule your free consultation today to learn more about how the claims process works and which labor laws will have the greatest impact on the outcome of your case.
New York State Labor Laws
The New York State Department of Labor (DOL) is responsible for safeguarding the rights of all workers within the state. This does not only include US citizens, and New York residents, but undocumented workers as well. The Division of Labor Standards is responsible for ensuring compliance and clarifying regulations regarding:
- Nursing mothers at work
- Farm laborers
- Minimum wage
- Payment of wages
- Work hours
- Employing minors
Our lawyers for unpaid wages are prepared to reach out to the DOL and file a claim under the Fair Labor Standards Act (FLSA) if we determine your rights have been violated by your employer. In doing so, you could potentially help prevent others from experiencing unfair wages and wage discrepancies. Here are some of the labor laws that could have the greatest impact on the outcome of your wage dispute.
Minimum Wage Requirements
Your wages lawyer can review the circumstances of your case to determine whether your employer is in compliance with minimum wage requirements. As of January 1, 2024, according to the DOL’s wage overview, the minimum wage in New York City, Westchester, Suffolk, and Nassau counties is $16 per hour and $15 per hour for the rest of the state. The minimum wage will increase by $.50 per hour annually through January 1, 2026, to ensure fair wages and financial security for workers across the state.
Prevailing Wages for Public Work
Public workers are entitled to fair compensation as described under Chapter 31 of the Consolidated Laws of New York. Public workers can include those who work in maintenance, alteration, construction, or repair for a government authority or public agency. There are specific regulations in place to safeguard public workers’ rights. These include:
- Restrictions to ensure public workers have a healthy work/life balance
- Prevailing wage rates or predetermined hourly rates based on whether the work is funded by a federal or state agency
- Entitlement to overtime pay and compensation no less than the prevailing wage rate based on workers’ job classifications
Pay Periods and Payment
You may find yourself in need of a lawyer for unpaid wages if your employer is failing to comply with timely wage payments. If the company tells you you will be paid every Friday, but your employer begins missing pay dates or pays you every other week, they may be non-compliant. Not only could you raise a complaint with the DOL, but you may also be able to take additional legal action by filing a civil lawsuit if your complaints go unaddressed.
Rest and Meal Breaks
Not getting a break at work is illegal. Your wage claim lawyer will need to review the details of your case to determine whether you were provided designated rest and meal breaks. There is no mandated break period, as rest and meal times are dependent on the type of work you do and the duration of your work shift. Failure to uphold these labor standards could leave your employer open to civil liability.
Overtime
As described by the New York State Attorney General’s office, all non-exempt employees are entitled to overtime pay if they work more than 40 hours in a work week. Overtime pay should be paid at a rate of 1.5 times your hourly rate. However, there are some exceptions.
Certain types of workers, including administrative and executive staff may be exempt from overtime pay. It is crucial to understand whether you are entitled to overtime before determining whether your employer is in compliance with New York State overtime regulations. However, if you worked additional hours and were not compensated fairly, you may have grounds for legal recourse with the support of your unpaid overtime lawyer from the Samuel Law Firm.
Freelance Workers and Independent Contractors
It is important to note that you may not have the same rights as an employee if you are classified as an independent contractor or freelance worker. However, despite your classification status, you still have rights. According to the NYC Department of Consumer and Worker Protection, freelancers are entitled to payment for their services within 30 days of project completion and potential damages if the client breaches the contract terms.
The New York State Department of Labor Handles Enforcement
Filing a complaint with the DOL may be in your best interest if you hope to ensure your employer is held to account for their failure to comply with state or federal wage laws. The DOL will determine whether a violation occurred and has the authority to impose penalties for non-compliance.
Beyond that, you may have grounds for a civil lawsuit in which you can demand total compensation for a wide variety of economic and non-economic damages. You could be entitled to double back pay, reinstatement if you were terminated, and compensation for your emotional distress and reputational damages.
Consult a High-Powered Unpaid Wages Lawyer for Help Today
When your employer has denied you the wages, benefits, and compensation you deserve, thereby violating state or federal employment laws, you may need to take action if you hope to ensure justice is served. By filing a claim with the Equal Employment Opportunity Commission (EEOC) or the New York State DOL, you can hold your employer accountable to the fullest extent of the law. Your civil claim against them gives you an opportunity to recoup the total value of your lost income and benefits.
Learn more about your potential legal options and the repercussions your employer could face when you contact the Samuel Law Firm to schedule a free consultation with our trial-proven wage disputes lawyer. You can reach us through our secured contact form or by phone to schedule your no-cost, risk-free consultation as soon as today.
