FOLLOW US:


Attorney Advertising. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

 

This web site is designed to provide general information only and to help in the choice of appropriate legal counsel. The information contained herein should not be construed as legal advice. Legal jurisdictions differ on major and minor aspects of the law and each legal situation is unique; requiring that all legal situations be addressed with qualified legal counsel. Statutes and case law frequently change; the accuracy of this information can only be represented as of the date of publication.

 

Prior results do not guarantee a similar outcome. Submitting or receiving information web does not create an siteattorney client relationship. No attorney clientthis relationship will exist unless you meet with one of our attorneys and sign a retainer agreement. Please do not submit any information that is case specific, personal or confidential. 

  • LinkedIn App Icon
  • Blogger App Icon
  • Wix Twitter page
  • Wix Google+ page
  • RSS Social Icon
NADC_logo_200.png

Labor Law

Employment Law | Long Island Overtime Lawyer | Suffolk County Overtime Violations | New York Labor Law Violations | New York Overtime Violations

If you work for a company that does not pay you for:


- all time worked,

- company gear/uniforms/equipment,

- activities performed before and after shifts such as logging on to computers and programs, preparing tools and equipment, and dressing in protective gear,
- Overtime rates (time and a half) for hours worked in excess of 40 per workweek, or
- Minimum wage.

Call the Law Offices of Cory H. Morris for an Evaluation of your Case

631-450-2515 (NY) | 954-998-2918 (FL)  

Labor: State and Federal Law

 

Employees subject to the federal wage and hour law and some state laws are entitled to receive one and a half (1 ½) times their regular hourly rate for work performed in excess of forty hours per week.

Generally, the law requires that workers be paid a different amount for work that is in excess of a 40 hour work week. Generally, all time worked must be counted in calculating overtime including, but not limited to, all work activities and activities before and after a shift which are integral and indispensable to the primary work activities. Therefore, activities before assigned shifts, such as logging on to computer systems and programs or dressing in required clothing or protective gear are counted in determining whether the employee is entitled to overtime wages. Policies, handbooks, and employment contracts to the contrary may be ineffective.

 

Employers must pay for the work performed by their employees. Employers may not avoid paying employees for any work performed “off-the-clock.” Worked performed off-the-clock may include tasks performed before or after assigned work-shifts which are integral and indispensable to the primary work activities such as “logging on” and “logging off” from computer systems and programs, dressing in required clothing or protective gear, or driving to and from the bank to make deposits on behalf on the employer.

 

Meal Breaks

Employers must give employees a meal break in certain circumstances (see New York Labor Law Section 162). Whether an employer must pay for unused time depends upon the terms of the vacation and/or resignation policy. New York courts have held that an agreement to give benefits or wage supplements, such as vacation, can specify that employees lose accrued benefits under certain conditions. [See Glenville Gage Company, Inc. v. Industrial Board of Appeals of the State of New York, Department of Labor, 70 AD2d 283 (3d Dept 1979) affd, 52 NY2d 777 (1980).] To be valid, the employer must have told employees, in writing, of the conditions that nullify the benefit.

 

Under certain circumstances, an employer’s failure to reimburse job expenses may result in a violation of federal and state minimum wage laws. Expenses paid by employees for the primary benefit of the employer are included in determining payment of minimum wage. For example, if an employer pays minimum wage, that employer cannot require its employees to purchase their own uniforms because the net effect is payment of less than minimum wage. Similar minimum wage violations may occur when employees are asked to pay for their own vehicle expenses when they use their personal vehicles for work. 
 

New York State law and Discrimination

New York State is an "employment-at-will," state. If there is no contract to restrict firing (like a collective bargaining agreement) an employer has the right to discharge an employee at any time for any reason. This also protects the employee's right to resign. An employer may fire an employee for "no reason." An employer may also fire an employee for a reason that might seem arbitrary and unfair. The employee is equally free to quit at any time without needing to explain or defend that decision
 

There are a few exceptions to "employment-at-will." The most significant of these are laws, enforced by the New York State Division of Human Rights, which prohibit discrimination based on
•Race
•Creed
•National origin
•Age
•Disability
•Gender
•Sexual orientation
•Marital status