The Fair Labor Standards Act (FLSA) and New York Wage and Hour Laws were enacted to set minimum standards for wages in the workplace. They ensure that workers are paid a mandatory minimum and overtime wage. Employers must be well-informed of wage requirements, and provide notice of certain information to their employees. The Wage Theft Prevention Act is a recently amended New York State Wage and Hour Law which requires notice of wages and a slew of other information to employees. Violation of these laws can result in an investigation by the Department of Labor and serious fines. Some laws even permit criminal convictions.
A complaint or claim may be brought at an agency or in court. Sometimes the federal or state Departments of Labor will investigate, audit, or pursue a complaint on their own. Whatever the form, you should confer with experienced counsel in order to understand what your rights and options are in this highly specialized area of Labor Law.
In the public sector, contractors and other companies can be banned for repeated willful violations, especially public works projects. Other laws regulate how workers who earn tips may be paid, and tip credit which employers may take. Violation of Wage and Hour Laws can lead to lawsuits that result in damages costing hundreds of thousands of dollars, as well as liquidated damages (up to an additional 100% of damages), attorneys fees, and court costs.
In New York, beginning December 31, 2013, New York State’s minimum wage increased in a series of three annual changes as follows:
- $8.00 on 12/31/13
- $8.75 on 12/31/14
- $9.00 on 12/31/15
The laws and regulations involving wages and benefits are intricate, and their application is dependent on an employer’s unique business, as well as several other variables. The attorneys at Gilbert Law Group will ensure that wage, overtime, and other compensation-related laws and regulations are properly executed and implemented consistent with the most recent laws, rates, regulations, and court decisions.
CONTACT Gilbert Law Group today: 631.630.0100.