Employers Beware: the NY Wage Theft Prevention Act is a Potential Misclassification Minefield! The NY Wage Theft Prevention Act, which became effective April 9, 2011, requires all private sector employers with New York employees (regardless of how many) to provide those employees with a “pay notice” at the time of
OVERTIME VIOLATIONS Unless you are specifically classified as an “exempt” worker, your employer must pay you overtime wages for any hours you work over 40 hours in a workweek (see this prior blog entry). Your employer must pay overtime wages at a rate of at least one and one-half times
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
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
On December 29, 2014 Governor Cuomo signed a bill that repealed the Wage Theft Prevention Act annual notice requirement. Essentially, under the New York Wage Theft Prevention Act (WTPA), employers were required to notify and receive written acknowledgement from every worker about their rate of pay, allowances, pay day, etc.
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
On September 7, 2012, Governor Cuomo signed legislation amending New York Labor Law §193. The amendment goes into effect on November 6, 2012. Section 193 of the New York Labor Law prohibits employers from making “any deduction from the wages of an employee,” except for (1) deductions required by law
