Should my New York-Based Business Worry About Unpaid Wage Lawsuits by its Employees?
By Space Coast Daily // October 31, 2022
In New York, there are state and federal rules that govern how much money an employer can legally withhold from an employee. The wage and hour policies of your company might have significant effects on its bottom line.
For financial reasons, it’s crucial that your business follows both federal and state wage-and-hour rules when paying its employees.
■ Overtime eligibility based on classification as exempt or nonexempt; and
■ Questioning the Difference Between Employees and Independent Contractors
The likelihood of pay theft litigation against your New York company can be reduced by improving the company’s wage and hour policies. So, too, in New York, your business must strengthen its wage-and-hour policies to improve the likelihood of successfully defending any unpaid pay cases.
Talk to lawyers at Sattiraju & Tharney, if you have particular questions regarding your rights and possible courses of action.
Claim actions for unpaid wages are.
One or more employees may file a claim for unpaid wages in the form of a lawsuit, collective action, or class action if they feel their employer has violated their rights by not paying them the wages they were owed. This might include overtime compensation or the federal minimum wage, among other things.
Among them, there are Federal Labor Standards Act reprints (“FLSA”), codified at 29 U.S.C. 201-219, and its implementation guidelines, 29 C.F.R. 510 et al.
These laws mandate that all employees in the United States receive a minimum wage of $7.25 per hour plus 112 times the regular rate if they work more than 40 hours a week.
Employers in New York are obligated to pay their workers at least the state minimum wage in accordance with N.Y. Labor Law 650 and its Amendments. Those who are eligible for overtime pay must be compensated at a rate of one and a half times their regular, “straight-time” hourly rate of pay for every hour worked above 40 in a workweek.
For non-New York residents working more than 40 hours in a pay period, this overtime rate is in effect.
This overtime rate is for all hours worked by residential employees (that is, live-in workers) that are more than 44 hours total within a payroll week.
