Best Wage & Hour Lawyers in New York

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Greenberg Traurig, LLP.

Greenberg Traurig, LLP.

New York, United States

Founded in 1967
2,300 people in their team
Five decades ago, while at lunch in a South Florida deli, attorneys Larry J. Hoffman, Mel Greenberg, and Robert Traurig saw an opportunity to...
English
Phillips Lytle LLP

Phillips Lytle LLP

New York, United States

Founded in 1834
343 people in their team
At Phillips Lytle, we know only one approach to client service. It’s practiced by every one of our attorneys in each of our eight offices. It’s...
English
Stinson LLP

Stinson LLP

New York, United States

Founded in 2002
985 people in their team
Complex legal challenges are best approached with sharp insight and creative solutions. At Stinson, our attorneys combine industry knowledge and...
English
Ice Miller LLP

Ice Miller LLP

New York, United States

Founded in 1910
350 people in their team
Built on a foundation of legal service more than a century long, Ice Miller LLP is committed to helping our clients stay ahead in a changing...
English
Jones Day

Jones Day

New York, United States

Founded in 1893
2,500 people in their team
Jones Day has a history of more than 125 years and a culture of client service and professionalism based on explicit shared values. These values...
English

About Wage & Hour Law in New York, United States

Wage & Hour laws in New York govern the payment of wages, working hours, and overtime for employees. These laws aim to protect workers and ensure they receive fair compensation for their labor. Understanding your rights and obligations under Wage & Hour laws is crucial to avoid any legal issues.

Why You May Need a Lawyer

There are several common situations where seeking legal help in Wage & Hour matters in New York may be necessary:

  • If you believe your employer has not paid you the correct wages, including minimum wage or overtime.
  • If you have been misclassified as an independent contractor instead of an employee, which can result in wage and tax-related problems.
  • If your employer has violated laws regarding meal or rest breaks.
  • If you have been subjected to retaliation by your employer for asserting your rights under Wage & Hour laws.
  • If you are unsure about your rights and need guidance on wage and hour regulations.

Local Laws Overview

In addition to federal wage and hour laws, New York has its own state laws that provide additional protections to workers. Some key aspects of local laws in New York related to Wage & Hour include:

  • New York State has a higher minimum wage than the federal minimum wage.
  • New York law requires employers to pay overtime at a rate of 1.5 times the regular hourly rate for all hours worked over 40 in a workweek.
  • Employees in certain industries, such as hospitality and farm labor, may have specific regulations or exemptions that apply to them.
  • New York also has strict laws regarding meal breaks, rest breaks, and timekeeping requirements for employers.

Frequently Asked Questions

1. Can my employer pay me less than minimum wage?

No, in New York, employers must pay at least the minimum wage set by state law, which is higher than the federal minimum wage. Some exceptions apply to certain positions, such as tipped employees, who may be paid a lower base wage, but still must earn at least the minimum wage with tips included.

2. Am I entitled to overtime pay?

Employees in New York are generally entitled to receive overtime pay at a rate of 1.5 times their regular hourly rate for all hours worked over 40 in a workweek, unless they fall under specific exemptions. It's essential to understand the exemptions and whether they apply to your job.

3. Does New York require employers to provide meal and rest breaks?

Yes, New York law mandates that employers provide meal breaks of at least 30 minutes for employees who work for more than six hours consecutively. However, this break may be unpaid. Additionally, employers must provide paid rest breaks of at least 10 minutes for every four hours worked.

4. What should I do if my employer retaliates against me for asserting my rights?

If you believe you have faced retaliation from your employer for asserting your rights under Wage & Hour laws, you should consult an employment lawyer immediately. Retaliation is illegal, and an attorney can help protect your rights and guide you on the appropriate legal actions to take.

5. Where can I report violations of Wage & Hour laws in New York?

If you believe your employer has violated Wage & Hour laws in New York, you can file a complaint with the New York State Department of Labor or the U.S. Department of Labor's Wage and Hour Division. Consulting an attorney can also provide valuable guidance in such situations.

Additional Resources

  • New York State Department of Labor: Visit their website at https://www.labor.ny.gov/ or call their helpline at 1-888-4-NYSDOL to access information related to Wage & Hour laws in New York.
  • U.S. Department of Labor: Visit their Wage and Hour Division's website at https://www.dol.gov/agencies/whd for federal laws and resources related to Wage & Hour.

Next Steps

If you believe you need legal assistance or have questions about Wage & Hour matters in New York, it is advisable to consult with an experienced employment lawyer. They can assess your situation, inform you about your rights, and guide you through the legal process if necessary. Remember to gather any relevant documentation and record any incidents that may support your case.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.