Small business owners in New York are often so inundated with the day-to-day hustle of increasing revenue, marketing, and actually working, that they often overlook federal and state wage and hour laws. But be warned: failure to properly pay employees can significantly harm your business. However, a few simple pointers
Both the Fair Labor Standards Act (“FLSA”) and the New York Minimum Wage Act (“NYMA”) generally require the payment of overtime wages for work performed after 40 hours per week. For some general information on overtime and misclassification issues, please see our prior blog posts here, here and here. The
Independent Contractor or Employee? Far too often, employers erroneously misclassify individuals as independent contractors or employees. In an attempt to save money, many businesses use independent contractors to serve functions typically served by employees. Classifying someone as an independent contractor often means the business does not have to pay minimum
Do I have an overtime claim? If you think that you may have an overtime claim, chances are that you do. Below are a few frequently asked questions about New York Overtime Law that can help you to determine whether you have an overtime claim or a claim under the
Effective January 1, 2015, the Federal Fair Labor Standard Act’s minimum wage and overtime protections will extend to workers who provide essential home care assistance to elderly people and people with illnesses, injuries or disabilities. The revisions to the law narrow the definition of “companionship services” (and therefore limit the
In general, an employee’s “hours worked” include all time an employee must be on duty, or on the employer’s premises or at any other prescribed place of work. All employees must be paid for all time worked. So if your employer is forcing you to work off the clock, you
IF YOU ARE BEING PAID OFF THE BOOKS, IN CASH OR VIA PERSONAL CHECK, YOUR EMPLOYER MAY BE BREAKING THE LAW. AND YOU MIGHT BE ENTITLED TO COMPENSATION. Are you being paid off the books? Chances are, your employer is breaking New York wage and hour law. Just by failing
How Often Should I Be Paid if I Perform Manual Work? Unless your employer has authorization from the New York Commissioner of Labor (and, among other things, employs at least 1,000 workers in New York) or is a non-profitmaking organization, employees who perform manual work need to be paid weekly
Do I Get My Bonus If I Quit? Maybe It depends on the terms of your bonus agreement with your employer. For example, if your bonus agreement with says that you must be employed when bonuses are paid, and you quit before then, you may be out of luck. However,
If You Employ Manual Workers, Did You Know They Usually Need to be Paid Weekly? Unless you have authorization from the New York Commissioner of Labor (and, among other things, employ at least 1,000 workers in New York) or are a non-profitmaking organization, your employees who perform manual work need
