212.627.8100As an employee in New York, you have certain rights and legal protections to shield you from unfair labor practices and instances of exploitation. At the federal level, the Fair Labor Standards Act (FLSA) addresses critical workplace issues, such as minimum wage, overtime pay, recordkeeping, and youth employment standards. Additionally, New York labor and wage laws at the state level reinforce and even expand upon workers’ rights and protections to ensure that employees are compensated fairly for their labor. When an issue arises between an employer and a worker, particularly concerning unpaid wages, unpaid overtime, or employee misclassification, the employee may not be sure how to report their concerns or even what the extent of their legal rights may be.
As soon as you suspect that you have not been paid proper wages or have been misclassified as an independent contractor in New York , it’s worth enlisting the guidance and support of a highly qualified and trusted New York employment law attorney who can help you determine the most appropriate course of action. Together, you can review your legal rights under the FLSA and New York wage laws and explore your options for redressing the unfair and potentially illegalactions taken against you by your employer. Let’s take a closer look at New York wage theft protections, the key differences between FLSA vs. New York wage laws, and how working with a knowledgeable New York wage theft attorney can help you secure a fair and favorable outcome.
Key Differences Between FLSA and New York Wage Laws
Workers in New York have certain wage and employment protections at both the federal and state level. For instance, there is both a state minimum wage in New York and a federal minimum wage, so which law protects workers more robustly? Below are just a few of the most noteworthy distinctions between the FLSA and New York wage laws.
Minimum Wage Protections
According to the U.S. Department of Labor, “The federal minimum wage is $7.25 per hour effective July 24, 2009. Many states also have minimum wage laws. In cases where an employee is subject to both state and federal minimum wage laws, the employee is entitled to the higher minimum wage.” In other words, the federal minimum wage ensures that workers in any state receive a basic amount of compensation for their labor. However, states like New York have taken steps to enact minimum wage laws that aim to reflect the high cost of living in many areas of the state. Depending on what region of New York a worker is located, the minimum wage ranges from $15.50 an hour to $16.50 an hour. Tipped service employees and tipped food service workers are also provided with a base cash wage and a tip credit under New York wage laws. Certain categories of workers in New York State may be entitled to an even higher minimum, such as home care workers.
Overtime Pay
Under the FLSA, “covered nonexempt employees must receive overtime pay for hours worked over 40 per workweek (any fixed and regularly recurring period of 168 hours—seven consecutive 24-hour periods) at a rate not less than one and one-half times the regular rate of pay.” New York overtime laws offer the same protections but expand access and eligibility to workers in certain industries. The New York Department of Labor states, “Some occupations are exempt from overtime under the federal FLSA, but are still entitled to overtime under the New York State Labor Law. While these occupations must be paid overtime, New York State Labor Law requires an overtime rate of one and a half times the state minimum wage for their overtime hours, regardless of the amount of their regular pay.” If you have specific questions about overtime pay, feel free to reach out to an experienced and caring New York employment law attorney to learn more.
Employee Classification
Some employers attempt to misclassify employees as independent contractors in order to avoid paying the full wages and benefits that they are obligated to pay to their employees. Both the FLSA and New York wage laws protect workers from employee misclassification in New York, but it’s important to recognize that New York laws have stricter protections for independent contractors. To learn more about how to report an incident of employee misclassification, reach out to a trusted and experienced employment lawyer today.
Wage Theft Protections
The FLSA and the U.S. The Department of Labor provide paths for employees to take legal action against employers that have violated state or federal labor laws. New York wage theft protections, enforced by the New York Department of Labor, help to “collect wages owed to workers who have not received the minimum wage, once they file a claim with us.” Generally speaking, the New York Department of Labor offers stronger legal remedies and longer time limits for workers to file claims.
When Do New York Laws Offer More Protections For Workers?
Although both state and federal labor laws aim to protect workers from employers acting unlawfully, there are certain instances in which state laws provide more robust protections for workers. For instance, workers in the industries of hospitality, home care, retail, and gig economy jobs tend to benefit more directly from New York labor laws. Additionally, employees who have been misclassified as independent contractors can turn to state labor and wage laws for the legal protections and remedies they need to take action against these unjust practices. Another area where New York labor laws tend to be stronger for workers is when an employee is facing illegal paycheck deductions. If you have concerns about your FLSA employee rights, or you wish to learn more about the potential remedies available to you under state or federal laws, reach out to a trusted and knowledgeable New York employment law attorney today to get started.
At Levy Ratner, we provide strategic guidance and effective resolutions to clients struggling with wage disputes, employment contracts, and other work-related issues. If you have been the victim of wage theft or employee misclassification in New York, reach out to our office today at (212) 627-8100 to get started with a highly experienced and caring employment law attorney.