In case you have offices in New York and are putting over 40 hours a week, then you are usually entitled to overtime pay that is 1.5 times your usual salary. Unfortunately, labor law disputes frequently arise when employers fail to meet these legal obligations. Misclassifying workers and exempts as a result of their status, compelling employees to work overtime without pay, or unlawful deductions out of their earnings are common examples of abuses. The first important step to defending your rights as a worker in Queens is to realize these violations.
Strong evidence should be gathered before formal action is taken. Keep all your pay stubs, employment agreements, time sheets and written communications with your employer. The New York State labor law provides an employee with a period of up to six years to reclaim back wages, though well organized records help a lot in strengthening your case.
Initiating an unpaid wage recovery process can seem daunting, but New York provides clear avenues for workers under both state regulations and the federal Fair Labor Standards Act (FLSA).
You may either decide to handle the problem yourself, get the services of an individual attorney, or file an official complaint with the government.
The New York State Department of Labor (NYSDOL) is the most reachable path that numerous employees can take by submitting a claim. The Labor Standards Complaint Form (LS223) may be sent via mail or online. The NYSDOL will review the claim after it is received and contact your employer and seek to recover the money. In case of a refusal of the employer to comply, the state
Under New York State law, the statute of limitations for filing a claim for unpaid overtime and minimum wage violations is generally six years from the date the wages were earned.
Eligible non-exempt employees must be paid 1.5 times their regular hourly rate for any hours worked over 40 in a single workweek.
Yes. Your immigration status does not impact your right to file a complaint and recover earned wages under New York and federal labor laws.
No, you do not need an attorney to file a formal complaint with the NYS Department of Labor, though legal counsel can be highly beneficial for complex cases or private lawsuits.
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