Bleakley Platt & Schmidt, LLP
Labor and Employment Attorneys
White Plains, Westchester, New York
Call (914) 949-2700 or Email Us
Our Firm's Wage and Hour Practice Group advises clients on wage and hour law matters involving minimum wage and overtime compensation issues; the proper classification of individuals as exempt employees; the misclassification of employees as independent contractors; lawful tip credit and tip pooling practices; prevailing wage issues; permissible wage deduction agreements and practices; employee loan issues; and the rights of employees to receive commissions, bonuses, vacation pay, and other types of fringe benefits.
Wage & Hour News
- Time spent donning and doffing flame-retardant gear not compensable; employees failed to show PPE was essential to “lethal” work environment
- Federal Court approves $42 million settlement of employee overtime pay claims
- Production workers’ donning and doffing activities not compensable in light of CBA custom or practice
- Time Spent Donning, Doffing Before And After Work Is Compensable
- Class Of Hourly University Employees Certified Under FLSA
- Chicken Proccessor Donning And Doffing Class Certified Under FLSA
- Pennsylvania Court Affirms $187.6M Verdict Against Wal-Mart For Unpaid Wages
- Nationwide Class Of Mortgage Loan Officers Granted Conditional Certification In Overtime Suit
- Orchard Failed To Meet Minimum Wages For Farm Workers
- Burden To Prove Fair Labor Pay Violation Falls On Plaintiffs
- Power Tool Specialist May Proceed With Unpaid Overtime Claims
- Travel Agents' Overtime Suits Settled For $3M
- California Appellate Court Rejects Attempted Work Week Change
A SUMMARY OF WAGE AND HOUR LAWS IN NEW YORK
Minimum Wage
The required minimum wage rate under both federal and New York law is currently $7.25 per hour. Workers employed in the hospitality and certain other industries may have this minimum wage rate offset by tip credits if they are employed as non-exempt service and non-service employees by restaurants, hotels and other covered employers. The minimum wage also may be subject to lawful meal, lodging and uniform allowances.
Read More >Overtime
Non-exempt employees are entitled to receive overtime pay for hours worked in excess of 40 in a workweek at a rate not less than 1-1/2 times their regular rate of pay. Overtime pay is not, however, required by law for work performed on weekends, holidays, or regular days of rest unless the employee's workweek exceeds 40 hours.
Read More >Hours Worked
Employers must ensure that their employees’ working hours are properly recorded each day in every working week. Hours worked may include travel time, rest and meal breaks, on-call time, waiting time, "donning and doffing" time, and sleeping time. Employees also may be credited with working time where they are required to use cell phones, smart phones, laptops or other communication devices while away from their employer's premises.
Read More >Wage Deductions
Wage deductions are not permitted under New York law without an employee's prior written consent. Permitted wage deductions are generally limited to insurance premiums, health and welfare benefits, charitable contributions, union dues or fees, and similar payments for the benefit of the employee. An employer may not deduct from an employee's paycheck any costs related to breakage, spoilage, cash shortages, loan repayments or similar alleged damages.
Read More >Exempt Employees
Employees may be exempt from minimum wage and/or overtime compensation requirements if they are properly classified as executives, professionals, administrative employees, certain computer employees, outside sales representatives, and highly compensated employees, among others. Exemptions are typically applied on an individual workweek basis, and are narrowly construed against the employer asserting them.
Read More >Independent Contractors
The misclassification of employees as "independent contractors" may result in overtime and employment tax liabilities for employers under both federal and state law. Employees are not an independent contractor if they perform services that can be controlled by an employer (i.e., what will be done and how it will be done). If an employer has the legal right to control the details of how services are performed, an employment relationship may exist.
Read More >Commissions
New York law requires employers to have written commission agreements with their employees which set forth the terms of commission earnings, commission draws, commission payments upon termination, and an employer's right to recover unearned commission draws. Under New York law, a "commission salesmen" must be paid his/her earned commissions no later than the last day of the month following the month in which these commissions have been earned.
Read More >Fringe Benefits
Employers may establish the rights of their employees to receive bonuses, vacation pay, sick days, holiday pay and severance pay by either the terms of a written policy or established past practice. Fringe benefits or wage supplements must be paid or provided within 30 days after they are earned under the terms of the employer's policy or practice. Employees do not have a statutory right to vacation pay, paid sick leave or severance pay.
Read More >Waiters & Hotel Employees
New York law provides wage and hour protection to service and non-service employees employed in the restaurant, hotel and resort industries. Tip credit and tip pooling protection is provided to wait staff, counter personnel who serve food or beverages to customers, bus persons, bartenders, barbacks, food runners, captains who provide direct food service to customers, and hosts who greet and seat guests.
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