New York City Wage & Hour Dispute Attorneys 

Federal & New York State Law Protections for Employees 

Employees in New York have specific rights regarding wages and pay under federal and state law. The Fair Labor Standards Act (FLSA) is the primary federal law that protects workers in New York and across the country. New York State Labor Law and the Wage Theft Prevention Act (WTPA) provide additional worker protection under state law.

Here are some key protections provided by the FLSA:

• Minimum Wage: The FLSA sets the federal minimum wage, but New York law requires a higher minimum wage, and employers must comply with the state law. 
• Overtime Wages: Nonexempt employees must be paid 1.5 times their hourly rate for hours worked beyond 40 hours a week. 
• Worker Rights Information: Employers must display a poster outlining worker rights and keep records of employee time and pay. 
• Nursing Mothers: Employers must provide nursing mothers with reasonable break time and a private place to express breast milk. 
• Breaks: Short breaks (5-20 minutes) must be paid. Employees have a right to unpaid meal periods (30 minutes or more) and cannot be required to work during those periods.

These laws ensure that all employees are treated fairly regardless of their role or industry. Violations of these statutes can result in severe penalties for employers, including back pay and damages. Employees need to understand these protections to prevent exploitation. By asserting these rights, workers contribute to higher safety and ethical standards across industries. Our firm is dedicated to enforcing these laws and aiding employees in taking appropriate legal action when their rights are violated.

Understanding the Wage Theft Prevention Act in New York

The Wage Theft Prevention Act (WTPA) is robust legislation designed to protect workers from unfair pay practices. It mandates that employers provide written notices of wages, rates of pay, how the employees are paid (such as by the hour, shift, day, or week), and pay dates. This act further necessitates that employees receive clear and detailed pay stubs, improving workplace transparency and accountability.

Employers failing to adhere to the WTPA can face significant fines, administrative action, and the requirement to pay back wages. These regulations are particularly important in sectors prone to wage theft, such as hospitality and manual labor industries. Businesses in New York must align their payroll processes with these standards, ensuring every employee is fairly accounted for and compensated. At Ricotta & Marks, P.C., our lawyers regularly work with clients to understand how these protections apply to them and the redress available should violations occur.

Additional Worker Protections Under New York State Labor Law

New York State Labor Law provides additional protections for employees beyond those federal law offers. Employers in New York must understand and follow these state laws, which often offer more significant benefits to workers.

Here are some examples of the protections provided by New York State Labor Law:

• One Day of Rest: Certain employees are entitled to at least 24 consecutive hours of rest every calendar week.
• Meal Breaks: Certain employees are entitled to a 30-minute meal break. Employees with shifts that span from before 11 a.m. to after 7 p.m. are entitled to an additional 20-minute meal break.

New York's labor laws are designed to safeguard the well-being of its workforce and ensure a balanced work-life dynamic. These provisions acknowledge the importance of regular breaks and rest, which are crucial for maintaining productivity and overall health. Understanding these rights empowers employees to advocate for themselves in settings that may otherwise overlook such needs. Our legal team is committed to helping employees uphold these entitlements and challenge any employer who fails to provide the legally required working conditions.

Protections Against Workplace Retaliation

New York law protects you from retaliation if you assert your rights under the wage and hour laws. 

It is illegal for your employer to retaliate against you for:

• Making a complaint about wage and hour violations
• Providing information to the Department of Labor
• Starting a legal proceeding
• Testifying in a case
• Taking any other action to protect your rights

Retaliation can include any adverse action by your employer because you asserted your rights, such as:

• Demotion
• Termination
• Harassment
• A reduction in pay or hours
• A poor performance review

If your employer retaliates against you, they can face significant penalties, including fines and a requirement to pay you lost wages and damages.

Legal measures are in place to deter employers from engaging in retaliatory practices. These protections are significant because they foster a safer and more equitable work environment where employees feel confident to report violations without fear of adverse consequences. Our legal team specializes in identifying and prosecuting instances of retaliation to ensure justice is served for affected employees, reinforcing the importance of accountability for unlawful conduct.

If you've been treated unfairly at work, don't wait any longer. Reach out to our New York City wage & hour dispute attorneys now, and let us help you fight for the compensation you deserve!