Employers are responsible for protecting their employees’ rights
Local, state and federal laws oversee and control compensation and benefits. In turn, compensation and benefits relate to the following types of employee’s rights:
- Minimum wage
- Wage deductions
- Overtime pay
- Meal breaks
- Commissions
- Health insurance
- Medical leaves
- Leaves of absence
Posting employees’ rights
You must post notices in the workplace about certain employees’ rights. This includes workers compensation and minimum wage law rights. In addition, you must comply with requirements laid down by local, state and federal laws. Also note, sometimes laws differ. For example, the federal law for minimum wages is different than NY State’s law for minimum wages, which also varies for some regions of New York. Different laws also apply for certain categories of employees.
When you hire employees, you must notify them of their wages. Also, there is a mandatory form you must use.
Certain employee positions are exempt from overtime pay. Those who are non-exempt receive time and a half for any hours worked in excess of 40 hours a week.
Record keeping
Employers must keep accurate employment records, which includes records of hours worked and payroll records. They must provide employees with information about how they have calculated workers’ wages.
Laws to be aware of when determining compensation and benefits
You must make sure your procedures are in compliance with federal, state and local laws. Be aware that New York City has laws that are more detailed than the state and federal laws. Laws you should consider include, but are not limited to are:
- Fair Labor Standards Act (FLSA)
- Family Medical Leave Act (FMLA)
- New York State Labor Laws
- New York State Paid Family Leave Law
- New York City’s Earned Safe and Sick Time Act
- Any other applicable contract or collective bargaining agreement
(Reference: New York State Bar Association)
As an employer, do you have questions or concerns about legal issues?
If you have employment law questions, seek legal help. Discuss your concerns with an attorney at Stephen D. Hans & Associates, P.C. Call (718) 275-6500.