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New York Employee Protection: Wage and Hour Law
New Yorkers are entitled to fair pay and transparency at work.
When hired, you’re entitled to a wage notice which details your pay rate (how much you’ll be paid). In addition, you’re entitled to a wage statement (or pay stub) every payday. Under fair labor laws you are also entitled to a timely paycheck (biweekly, or weekly for manual laborers), minimum wage for all hours (even if not clocked in), and overtime pay for any week you work over 40-hours, unless exempt.
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Wage Transparency
Your Rights in Detail
A Written Wage Notice Must Include:
- your pay rate
- how you are paid (hourly, by shift, day, week, commission, etc.); and
- your regular payday.
If you do not receive the required written wage notice, WeSueThem at No Cost to You!
Your Rights in Detail
Wage Statement (Pay Stub) Must:
- be provided to you each payday
- include the dates covered by that pay period
- show the hours worked, rates of pay (including overtime)
- include your gross and net wages; and
- include all deductions.
If you do not receive the required written wage statements, WeSueThem at No Cost to You!
Wage Protection
Your Rights In Detail
- Overtime must be pain on the next payroll.
- All hourly workers and most salaried workers are entitled to overtime pay, unless exempt.
- You must be paid for all time, including when you are at work or on call, even if not “clocked in.”
- You must be paid for required training.
- Salaried employees with fancy job titles are entitled to overtime pay (account executive, manager, etc.); and
- Tow truck drivers in NY are entitled to overtime pay.
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Your Rights in Detail
- Your employer may not withhold the last paycheck (or any paycheck).
- You must be paid without any deduction for unsatisfactory work, damaged property, etc.
- All commissions and other incentives must be paid timely; and
- All expense reimbursement must be paid.
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Your Rights in Detail
- Biweekly payroll is illegal in NY if at least 25% of your job is manual labor
- Manual laborers must be paid weekly
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We use decades of legal experience to enforce your rights in court and make your employer pay!
Your Rights in Detail
- You’re entitled to at least minimum wage for all time you are working, getting ready at work, or on call — even if not “clocked in.”
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We use decades of legal experience to enforce your rights in court and make your employer pay!
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