The minimum wage in New York is $11.10 per hour, which is higher than the federal minimum wage of $7.25. If that is unsuccessful, the Department can bring a court case on your behalf to recover the wages you are owed. May take an assignment of the employee's wage claim May institute a civil suit to recover the wages due Where we take action to recover unpaid wages, the employer may be required to pay an additional amount of up to 100 percent of the claim in liquidated damages.

Information About Filing a Claim .

26 Federal Plaza, Room 3700 Room 822 required, as is the case prior to ..... its relationship to the public whose ultimate. UNDERCARRIAGE ... Circle the diagram below that California’s labor laws protect all workers, regardless of immigration status. Federal Minimum Wage | Under New York State law, deductions from wages are only permissible when law requires it (e.g. This will increase starting December 31, 2019. The Workplace Fairness Attorney Directory features lawyers from across the United States who primarily represent workers in employment cases. An official website of the United States government. 4. The same is true for the reasonable value of lodgings. Tuberculosis - New York State Department of Health, Sig.Dif. of Labor, Taken By Division of Labor Standards, Bldg. 100 Myrtle Avenue Contact the office nearest to you, and they will be able to advise you of your legal rights and your next steps. .dol-alert-status-error .alert-status-container {display:inline;font-size:1.4em;color:#e31c3d;} The minimum wage law does not apply to the following workers: The employees with asterisks (*) are those who are also not covered under the federal minimum wage requirement. 1030 0 obj <> endobj

If you win your case, the court can award you the wages you are owed, an additional 25% (if the violation was willful), attorneys' fees, and litigation costs up to $50. If you have a disability and need help to file your claim, you may allow another person to aid you. Thanks for the feedback! 22. The following are the methods which the FLSA provides to recover unpaid wages and overtime wages: WHD may supervise payment of back wages; The Secretary of Labor may bring a lawsuit for back wages and an equal amount as liquidated damages* The LS 223 form is available in English and other languages. are reading this on a computer, you will see website addresses written in blue.

1. Use New York’s minimum wage calculator.

Wage & Hour Division Syracuse, NY 13261, US Dept.

The U.S. Department of Labor's Wage and Hour Division (WHD) is responsible for administering and enforcing some of the nation's most important worker protection laws. Usage is subject to our Terms and Privacy Policy. Before sharing sensitive information, make sure you’re on a federal government site. The New York Department of Labor can help investigate unpaid wage claims. 1067 0 obj <>stream 185C, State Office Campus, Albany, NY 12240 On December 31, 2019, this will increase to $11.80 per hour, and will continue to increase every year until it reaches $15.00 per hour. Anyone who starts work before 11:00 am and finishes after 7:00 pm is entitled to an additional 20-minute meal break between 5:00 and 7:00 pm. Click to see graphs of state’s plan from 2016-2021.

of Labor 2. It may be helpful to consult with an attorney prior to filing your claim, but it is not necessary to have an attorney to file your claim with the Department. #block-googletagmanagerheader .field { padding-bottom:0 !important; } Wage & Hour Division The amount of this sum is often referred to as "back pay." 100 South Clinton Street

Back wages also are available for underpayments to employees under the Davis-Bacon and Related Acts and the Service Contract Act, among other laws enforced and administered by the Wage and Hour Division. Was Helpful /*-->*/. All other employees (whether or not they are covered under the minimum wage or overtime provisions) are entitled to a meal break of 30 minutes if they work for more than six hours and their work hours extend over the midday meal period (defined as being between 11:00 am and 2:00 pm). h�bbd``b`��S;�`�$ @N ���bE��o �8�� "��� %* S€�S ��HpǀdM�D�#�T�Fʉ���0 �(P Room 104Rochester, NY 14609Phone: (585) 258-4550Fax: (585) 258-4556, Syracuse District333 East Washington Street Room 121Syracuse, NY 13202Phone: (315) 428-4057Fax: (315) 428-4001, White Plains District120 Bloomingdale RoadWhite Plains, NY 10605Phone: (914) 997-9521Fax: (914) 997-8780. A common remedy for wage violations is an order that the employer make up the difference between what the employee was paid and the amount he or she should have been paid. Maintaining aging infrastructure and adapting facilities to comply with ...

In 2021, increases will be based on the consumer price index. There are also specific regulations for child performers. Listed below are methods which the FLSA provides for recovering unpaid minimum and/or overtime wages. 1-866-4-USA-DOL

%PDF-1.6 %���� 29 USC § 212. Room 534 In addition to the number or hours that can be worked and the wage level that must be paid, there are federal record keeping obligations as well as requirements for notices to employees, and posting signs in the workplace. If you win your case, the court can award you the wages you are owed, an additional 25% (if the violation was willful), attorneys' fees, and litigation costs up to $50. Office Campus, Building 12.

Brooklyn, NY 11201, US Dept. 1. Albany, NY 12240. More details about each one can be found under the “posters” section of NY’s Minimum Wage website. Needs Improvement. #views-exposed-form-manual-cloud-search-manual-cloud-search-results .form-actions{display:block;flex:1;} #tfa-entry-form .form-actions {justify-content:flex-start;} #node-agency-pages-layout-builder-form .form-actions {display:block;} #tfa-entry-form input {height:55px;} Where we take action to recover unpaid wages, the employer may be required to pay an additional amount of up to 100 percent of the claim in liquidated damages. 146.

The state of New York’s minimum wage plan has additional guidelines for employees working in New York City, Long Island (Nassau and Suffolk counties), and Westchester county. There are strict time limits in which charges of wage and hour violations must be filed. taxes) and when the deduction is for the employee's benefit and the employee has given her/his express permission. Long Island (Nassau and Suffolk counties), and Westchester County have a minimum wage of $12.00 per hour, effective December 31, 2018. The New York overtime minimum wage is $17.70 per hour, one and a half times the regular minimum wage of $11.80.

Content © 2020 Minimum-Wage.org, all rights reserved. WHD is committed to ensuring that workers in this country are paid properly and for all … A common remedy for wage violations is an order that the employer make up the difference between what the employee was paid and the amount he or she should have been paid. Anyone who starts work after 1:00 pm and finishes before 6:00 am is entitled to a one-hour meal break midway through her/his shift if (s)he works in a factory, or a 45-minute meal break if (s)he works in another establishment.eval(ez_write_tag([[580,400],'workplacefairness_org-medrectangle-3','ezslot_4',113,'0','0'])); However, these rules are not strict, and it is very easy for employers to get around them. Albany DistrictState Office Campus Bldg. Complete the LS 223 to claim unpaid wages, illegal deductions , wage suppl ements, minimum wage, overtime, no meal period, etc. KALTECH

New York, NY 10278, US Dept.

Campagnolo Property - New York State Department of ... Revising City Charters - New York State Department of State, Staying Healthy for Life - New York State Department of Health, Tompkins County - New York State Department of State, Miscellaneous Notices/Hearings - New York State Department of State, Local Law Filing - New York State Department of State. New York State Department of Labor. contact information for the New York Department of Labor here. priests, rabbis), *Students and handicapped individuals working for religious or charitable organizations, as well as people working for such institutions doing incidental work or work in return for assistance, *Employees of a summer camp operated by a religious or charitable organization if it operates less than three months each year, Employees of student or faculty associations (e.g. Yes. Part 146 of Title 12 of the Official Compilation of Codes, Rules, and Regulations. Claim for Unpaid Wages. The Department will investigate your claim and attempt to help you collect your wages.

Instead of filing a claim with the New York State Department of Labor, you can file a claim in state court for unpaid wages as well. Wage & Hour Division Remember, it is illegal for your employer to punish you for speaking to the Department of Labor! 2 Metro Tech Center, 7th Floor www.labor.ny.gov . Answer all questions on www.dol.gov, Industry-Recognized Apprenticeship Programs (IRAP), Bureau of International Labor Affairs (ILAB), Centers for Faith and Opportunity Initiatives (CFOI), Employee Benefits Security Administration (EBSA), Employees' Compensation Appeals Board (ECAB), Employment and Training Administration (ETA), Mine Safety and Health Administration (MSHA), Occupational Safety and Health Administration (OSHA), Office of Administrative Law Judges (OALJ), Office of Congressional and Intergovernmental Affairs (OCIA), Office of Disability Employment Policy (ODEP), Office of Federal Contract Compliance Programs (OFCCP), Office of Labor-Management Standards (OLMS), Office of the Assistant Secretary for Administration and Management (OASAM), Office of the Assistant Secretary for Policy (OASP), Office of the Chief Financial Officer (OCFO), Office of Workers' Compensation Programs (OWCP), Ombudsman for the Energy Employees Occupational Illness Compensation Program (EEOMBD), Pension Benefit Guaranty Corporation (PBGC), Veterans' Employment and Training Service (VETS), Economic Data from the Department of Labor, Severe Storm and Flood Recovery Assistance. All rights reserved. A. In the case of willful violations, a three-year statute of limitations applies.

File your wage claim. NY State Department of LaborDivision of Labor StandardsState Campus, Bldg 12, Room 185CAlbany, NY, 12240. Structure and Powers of City Government. Print clearly.

The amount of this sum is often referred to as "back pay." Leo W. O'Brien Federal Building US Dept. The statute of limitations for filing an overtime claim is two years, although this is increased to three years in the case that your employer willfully and knowingly broke the law in failing to compensate you for overtime worked.

Division of Labor Standards. If the New York Department of Labor cannot solve your overtime case, you can file a civil claim with the New York state court system by levying an unpaid overtime lawsuit against your employer. For full functionality of this site, it is necessary to enable JavaScript. -against-.

An employee may file a private suit for back pay and an equal amount as liquidated damages, plus attorney's fees and court costs.