The Most Frequent Violations of Employee Rights under New York Labor Laws
Because employers typically have the greater balance of power in an employment relationship, the state of New York has statutes that protect employees’ rights to fair compensation and reasonable hours of service. What are the most common types of claims filed by workers related to wages or hours?
Wage and Hour Claims in New York
All employee allegations of wrongful conduct related to wages or hours of service in New York are handled by either the New York State Department of Labor’s Division of Labor Standards (the NYSDOL) or through civil lawsuits. The most frequent claims filed include:
- Failure to pay minimum wages prescribed by law—This includes fixed daily rates that don’t comply, reduced compensation due to illegal paycheck deductions, requiring employees to work “off the clock,” unpaid meal breaks, unpaid training and failing to make up the difference for tipped employees.
- Failing to pay overtime as directed by law
- Misclassifying employees to avoid paying overtime or benefits
- Failing to provide accurate pay stubs as required by law
- Violation of meal and break requirements
- Failing to compensate employees on a scheduled payday
What Rights Do Employees Have in Wage and Hour Matters?
Under New York law, an employee may file a claim up to 6 years from the date of a violation. The law allows a worker to seek all unpaid wages, as well as a penalty of 100% of the unpaid wages (referred to as liquidated damages), attorney fees and some interest on lost wages.
Let Stephen Hans & Associates Help You Ensure Compliance with New York Employment and Labor Laws
At Stephen Hans & Associates, we have successfully advised and represented many New York City employers many years, helping them meet employment law requirements and protecting their rights in employment litigation, including claims involving allegations of workplace retaliation. Susan Lacerte, executive director of the Queens Botanical Garden has lauded us for our “dedication, knowledge and experience” and for helping the Botanical Gardens “successfully resolve difficult legal issues with [our] talent, negotiating skills, personal care and attention.”
Our experienced attorneys are glad to answer your questions and provide legal advice. Our offices are conveniently located in Long Island City with easy access from Manhattan.