If you work in New York, you have the right to be paid in a timely manner. All too often, though, employers withhold paychecks or try and skirt the law to avoid paying overtime. If you’re owed money by your employer, you need to seize your power, understand that the law is on your side, and demand your rights.
Getting the Money You Deserve
If you work for a private employer and feel that you’re owed overtime pay or other unpaid wages, there are two routes you can go. First, you can file a complaint with the New York Department of Labor. You can imagine the nightmare of bureaucracy that filing a Department of Labor complaint entails.
The other option is to hire a labor attorney. According to New York’s Wage Theft Protection Act, you have the right to take your employer to court. If your employer is found to be at fault, you can recover the wages owed to you, damages equal to 100% of the wages owed to you, as well as court costs and attorney fees. Because the law says that your employer has to pay your attorney fees, getting a labor attorney shouldn’t cost you a dime.
Afraid of Getting Fired?
Many people who are being victimized by their employers are afraid that they’ll be fired if they take action. That could happen, but the law specifically addresses this issue, and prohibits employers from penalizing employees who assert their rights. If your employer in any way punishes you, you have the right to file a claim against him.
Get Help Now
To get the money you deserve, simply complete the form to the right or call 475-277-2200. Lemberg & Associates’ employment lawyers will review your case and give you no-nonsense answers to your questions.
What You Need To Know About New York Overtime Pay
According to New York law, when you’re hired, your employer is required to give you a written notice that includes information about your pay rate, your pay day, and your overtime pay rate (if applicable). You must provide your employer with a written acknowledgement that you received this information.
Generally speaking, non-exempt employees must be paid 1-1/2 times their regular pay for every hour worked over 40 hours during a workweek. For live-in domestic workers, overtime kicks in after 44 hours during a workweek. Keep in mind that overtime pay isn’t required if you work more than eight hours in a single day; it is only applicable after 40 hours (or 44 in the case of live-in domestic workers) per week.
New York Minimum Wage
The minimum wage in New York is $7.25 per hour. This applies to everyone except:
Food service workers who earn at least $2.55 per hour in tips; their minimum wage is $4.60 per hour
Janitors in residential buildings who earn less than $304.10; their minimum wage is $4.80 per unit
Piece rate workers must average at least as much as the minimum wage
Employees who must buy and/or maintain uniforms are entitled to an additional amount in order to prevent them being paid less than minimum wage
For agricultural workers, the minimum wage is $7.25 per hour, but a certain amount may be deducted for employer-provided meals and/or lodging
Executives and administrators who earn more than $543.75 per week
Outside salespeople
Professionals, such as those with advanced degrees
Taxi drivers
Government employees
Part-time babysitters
Ministers, priests, and clerics
Elder companions
Interns
Independent contractors
New York Meal Breaks
New York law states that factory workers are entitled to a one-hour lunch break, and that other employees (such as retail employees) are entitled to a 30-minute meal break for a shift of six or more hours. If your work hours include the hours between 11:00 a.m. and 2:00 p.m., your lunch break needs to fall between those hours. If you work more than eight hours, you’re entitled to a second meal period between 5:00 p.m. and 7:00 p.m. If you work swing or night shift (starting between 1:00 p.m. and 6:00 a.m.), you’re entitled to a one-hour meal break if you work in a factory and a 45-minute meal break if you work in retail. Your meal break must be in the middle of your shift.
New York Pay Days
New York law mandates that certain types of workers be paid at certain intervals. Manual workers, for example, are required to be paid at least weekly, clerical and other workers at least semi-monthly, and commissioned salespeople at least monthly.
About the Author:
Sergei Lemberg is an attorney focusing on consumer law, class actions related to automotive issues, and personal injury litigation. With nearly two decades of experience, his areas of practice include Lemon Law (vehicle defects), Debt Collection Harassment, TCPA (illegal robocalls and texts), Fair Credit Reporting Act, Overtime claims, Personal Injury cases, and Class Actions. He has consistently been recognized as the nation's "most active consumer attorney." In 2020, Mr. Lemberg represented Noah Duguid before the United States Supreme Court in the landmark case Duguid v. Facebook. He is also the author of "Defanging Debt Collectors," a guide that empowers consumers to fight back against debt collectors and prevail, as well as "Lemon Law 101: The Laws That Lemon Dealers Don't Want You to Know."
