Wage and hour claims in New York involve violations of an employee’s rights to wages they have legitimately earned. Under New York Law, employers must provide annual pay notices to their employees. Wages must also be paid bi-monthly, i.e., twice a month.
Minimum wage and overtime pay are governed by wage and hour laws. The main body of law governing employees’ wages and hours is the federal Fair Labor Standards Act (FLSA). The FLSA covers employment law issues such as minimum wage rates when an employer must pay overtime and how much, and child labor protections. As part of the FLSA, employees must be paid time and a half for hours worked over 40 on 7 consecutive days.
The FLSA also protects the right of workers to earn at least the federal minimum wage, though there are exceptions, and to be paid at the legally mandated rate. Restaurant servers, for example, are guaranteed the right to keep their tips under the FLSA, except for tips paid into a valid tip pool.
Employers are also required to keep records under the FLSA. Keeping accurate records of wages paid to employees and hours worked by them is a legal requirement for employers. They can also include information about their employees, their total daily or weekly earnings, and the total amount of wages rendered during each pay period.
Each state also has laws relating to wages, hours, overtime, and other conditions of employment. This is the case in the state of New York. Per New York employment laws, workers in New York are entitled to one of the highest minimum wages in the U.S. It is $15.00 in 2024 and $16.00 in New York City, Long Island, and Westchester County. Of course, the federal minimum wage is still $7.25 an hour.
In addition, New York labor laws require employers to give their employees such benefits as paid sick leave, family leave, and vacation leave.
The Wage Theft Prevention Act (WTPA) became effective in 2011 in New York state. The law now mandates that employers give notice to employees of their rate(s) of pay, their designated payday, the employer’s intent to claim such items as tips or meal allowances as part of the minimum wage, and the basis on which wages are paid, whether pay is calculated by the hour, shift, day, week, piece, or some on some other basis.
The WTPA also requires employers to provide their “doing business as” names to their employees. They must do this when an employee is hired and then within 7 days of a change. There are other requirements as well.
The WTPA also formalizes certain legal requirements regarding employer record-keeping. Employers are required to maintain copies of payroll records for 6 years.
Both New York state and federal laws may be violated if an employer fails to meet any of the requirements of state and/or federal law. There could be a variety of adverse legal consequences for an employer as a result. For starters, employees might file a lawsuit claiming they were harmed by the employer’s violation of wage and hour laws, notably by having been paid less than what federal or state law requires.
What Are Some Categories of Different Wage and Hour Claims?
Some of the different types of claims that an employee might make against their employer are as follows:
- Failure to pay the New York minimum wage of $15.00 per hour;
- Failure to pay overtime on hours worked over 40 in one week;
- Failure to pay an employee for all of the hours they have worked;
- Failure to provide the required meal and rest breaks mandated by New York law;
- Making deductions from wages that are not required by law or for which the employee has not expressed their permission;
- Failure to respect deadlines for final paychecks.
Other claims are possible, but the claims noted above are some of the more common ones.
What Are the Steps to File a Wage and Hour Claim?
Wage and hour claims in New York must be filed with a government agency, the New York Department of Labor (NYDOL). Generally, before filing a private lawsuit, a person must file a claim with the NY DOL. Wage claims and various other employment-related disputes are regulated and investigated and may be resolved by the NY DOL.
The NY DOL investigates wage-hour claims submitted to it directly. It is generally advisable to hire the services of a qualified local attorney in New York for this purpose. In most wage and hour disputes, the employee is awarded damages to compensate them for their losses.
A person can begin a NY DOL claim for unpaid wages by filing a completed LS 223 form with the NY DOL. The form is available in English and other languages. A person can get more information by calling the NY DOL at 888-469-7365. A person may also visit the website at labor.ny.gov.
The form asks for contact information for the employee and employer, hours worked, rate of pay, the employee’s gross wages, any illegal deductions that may have been made, and how much the employee is owed. In addition, the form asks the employee to attach a copy of any paychecks that bounced if they have received any. So, an employee wants to be prepared with all the information they may need to complete the form.
What Are Some Common Remedies for Wage and Hour Claims?
Most wage and hour claims result in a monetary damages award paid by the employer to the employee who has filed the claim.
In general, damage awards cover unpaid wages plus other potential losses related to the employee’s claim, such as loss of profits on some related transaction.
Additionally, other remedies might include the following:
- Requiring that the employer change their payment and hour policies so that they conform to both state and federal laws;
- Investigation of the employer company’s overall record-keeping practices;
- Termination of the employment of a particular supervisor or manager;
- Reinstatement of the worker to their previous position. This would only occur if the employee’s employment were terminated because of the wage dispute.
How Are Wage and Hour Disputes Proven?
The first step an employee should take if they believe their employer is violating state or federal wage laws is to contact HR or payroll. The employer may correct a simple oversight or mistake if it is brought to their attention. The employee should follow the company’s procedure for bringing concerns to HR’s attention.
If this does not resolve the issue, the employee should consult New York law. An employee seeking unpaid compensation may first contact the NY DOL to ask for guidance. On the other hand, they may wish to file a wage claim. An experienced employment lawyer can advise a worker as to the approach that would be best for the worker’s situation. In addition, a worker can discuss with a lawyer whether they need to hire a lawyer or might file their claim on their own.
The process of proving wage and hour claims may require locating and presenting a variety of documents and statements from employees.
Documents such as these might generally include:
- Pay stubs;
- Work logs: These are the employer’s records showing when an employee clocks in and out of work and the like;
- Tax documents;
- Receipts;
- Independent contractor agreements;
- Various other documents can be used to prove the number of hours worked by the employee and the hourly wage that the employee was paid.
Witness testimony may also be offered as evidence. An employee’s coworkers, for instance, can give statements about their observations of the worker’s performance or their wage and hour experiences.
Employees should keep accurate records of their hours on the job, the types of tasks they perform, and how often they are paid if they suspect they are not being paid what they are owed. They should keep pay stubs or any other records they receive from their employer for documentation of their hours and pay. Coworkers’ names and contact information may also be useful. In proving a wage claim, all of this information may be useful.
What Is the Statute of Limitations on Wage and Hour Claims?
Employees are advised not to delay in making any claim they may have to the NY DOL. There are strict time limits within which claims for wage and hour violations must be submitted. The NY DOL itself has a 6-year limit within which it may file a claim on behalf of an employee.
However, it is best not to wait until any time limit expires. It is easier to prove a claim if it is filed close in time to the date when any violation occurred. It is best not to wait. Again, it can be helpful to consult an attorney before filing, but it is not required.
Do I Need a Lawyer for Help With New York Wage and Hour Claims?
If you believe that you have not been paid the wages you are owed, you want to consult a New York employment lawyer for the help you need. Your employer might have denied you the other benefits to which you are entitled by New York’s labor laws, e.g., rest and meal breaks. In that case, you want to consult a lawyer to find out what you can do.
LegalMatch.com can connect you to an experienced New York employment lawyer who can guide you through the process of getting the relief to which you are entitled.
