New York Wage & Hour Law Attorney
Fighting for Employee Rights in New York
All employees working in New York have the right to be paid fair wages for their work. This right is protected by local, state, and federal law. Unfortunately, some employers still may attempt to take advantage of workers, shortchanging them in various ways that violate these laws. At T. A. Blackburn Law, PLLC, we strongly believe in and defend the right of fair payment for employees. Our firm is passionate about fighting for those who are treated unfairly or unethically in the workplace. If you believe you have been subject to a violation of state or federal wage and hour laws, you may have grounds for an employment claim. We advise you to discuss the specifics of your situation with our New York wage and hour lawyer to determine how best to proceed to remedy the situation.
Wage & Hour Laws in New York
Wage and hour laws provide regulations for the pay rates of wages and the hours for which an employee must be compensated. In New York, these laws fall under the Fair Labor Standards Act (FLSA), a federal law, as well as New York state and local law.
These laws cover such wage and hour issues as:
- Minimum wage, that guarantee a set per hour wage.
- Overtime pay, in which employers must pay employees an overtime rate of one and a half tunes the employee’s wage for any hours worked beyond 40 per week.
- A day off every seven days of the week. This falls under New York labor law that gives employees, such as those in hotels, factories, restaurants, and retail outlets at least one day off.
- Meals and rest breaks. Under this law, employees who work six hours or more must be given at least a 30-minute lunch break. Other rules may also apply.
- Vacation leave, if part of an employee contract, must follow New York labor laws and comply with employee contracts
- Sick leave which falls under the Family and Medical Leave Act that allows employees to take leave when faced with a serious injury or illness or after the birth or adoption of a child. These employees cannot lose their jobs due to the amount of leave taken as set forth under this federal law.
- Tips for restaurant workers. New York has instituted laws that protect tip theft by owners of restaurants and hotels; these tips cannot be appropriated or shared with other employees who do not receive tips.
- Misclassified workers, who are not paid overtime when they should be according to federal law, such as administrative personnel, computer tech personnel, and others. This also applies to workers misclassified as independent contractors done by employers to avoid minimum wage, overtime, and other legal requirements.
- Unpaid commissions or bonuses. In some cases, an employer may delay or deny a rightfully-earned commission. New York state and local laws call for proper payment of these.
- Equal pay for men and women doing the same work. Under the Equal Pay Act, pay discrimination may occur when women are denied the same compensation as men for doing the same job.
What Are the Rules Regarding Meal & Rest Breaks in New York?
In York, the rules regarding meal and rest breaks for employees depend on the industry and occupation of the employee.
Some general guidelines, include:
Meal breaks: Employees who work a shift of more than six hours in a factory, mercantile, or other non-construction occupation are entitled to an unpaid meal break of at least 30 minutes. The break must be taken between 11:00 am and 2:00 pm. However, if the nature of the work prevents the employee from being relieved of all duties, the employer may require the employee to perform some duties during the meal break and pay them for that time.
Rest breaks: In New York, employers are not required to provide rest breaks for employees over the age of 18. However, if an employer offers short rest breaks (usually 20 minutes or less), the break time must be paid.
Industry-specific rules: Some industries have their own rules regarding meal and rest breaks.
It's important to note that if an employer provides meal and rest breaks, they must allow employees to take them and not require them to work during these times. Additionally, employers must keep accurate records of all breaks taken by employees.
If an employer violates New York's meal and rest break laws, they may be subject to penalties and fines. Employees who believe their rights have been violated can file a complaint with the New York State Department of Labor or consult with an employment law attorney for guidance.
All of the above issues covered by either local, state, or federal laws can be enforced through claims made through the Equal Employment Opportunity Commission (EEOC) or a civil claim in court. Our firm acts as a staunch advocate for any form of employee mistreatment by an employer. Let us help you fight against wage and hour injustice through effective legal representation.
Speak with our New York wage and hour lawyer about your situation in a confidential consultation. Call us at (347) 427-5999 to get started.
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T. A. Blackburn Law, PLLC valiantly challenges major corporations, government institutions, and those who irresponsibly wield their power to restore dignity to clients.
Mr. Blackburn knows that your case is worth pursuing and he will keep fighting until he has no fight left.
As someone who has faced discrimination and injustice himself, Mr. Blackburn understands what it takes to craft winning strategies.
Mr. Blackburn has taken several cases to administrative agencies like the EEOC and to State and Federal court, most of which have led to significant victories and settlements.
If you believe you were wronged, don't hesitate to get legal counsel and representation by a skilled and knowledgeable attorney. Reach out to T. A. Blackburn Law, PLLC today to speak with an attorney today.