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Wage and Hour Law
Labor Standards has a staff of investigators who enforce the New York State Minimum Wage Act, including four minimum wage orders and the Minimum Wage Standards for Farm Workers. These laws, with specified exceptions, apply to all workers in New York State, including those who are subject to the Federal Fair Labor Standards Act.
MINIMUM WAGE INCREASE
The New York State minimum wage is $7.25 per hour as of July 24, 2009 as a result of the increase in the federal wage rate.
Employers must display a Minimum Wage information poster in their establishment.
To view the Minimum Wage Posters, Wage Orders and Wage Summaries click here. You will find the links to the Posters at the top of the page. Please scroll down to find the links to the Wage Orders and Summaries.
NEW LABOR LAW - Notice of Pay Rate and Payday for New Hires
Starting on October 26, 2009, employers must give newly-hired workers written notice of:
under Section 195.1 of New York’s Labor Law. This notice must be given at the time of hiring. No particular form is required to be used. Employers may create their own forms, or use and/or adapt one of the model forms provided at the links below. See the “Guidelines” and “Instructions” below for more detailed information.
Temporary help firms have specialized guidelines and notice forms, since their employees’ rates of pay can vary with each assignment.
LS 58 -- Pay Notice for Prevailing Rate and Other Jobs LS 59 -- Pay Notice for Exempt Employees UNPAID OR WITHHELD WAGES The Department of Labor helps collect underpayments for workers who have not received the minimum wage once they file a claim with the department. Labor Standards investigates and endeavors to collect on these claims for unpaid or withheld wages, including illegal deductions. The department also enforces the prohibition against employers taking illegal kickbacks from wages and appropriating tips.
Claim For Unpaid Wages LS 223 - Submit completed claim to:
WAGE SUPPLEMENTS OR FRINGE BENEFITS
Labor Standards investigates and endeavors to collect claims for any unpaid benefits or wage supplements that the employer has agreed to provide. Wage supplements include vacation or holiday pay, paid sick leave, reimbursement of expenses, and other similar items.
Claim For Unpaid Wage Supplements LS-425 - Submit completed claim to:
NYS DOL Division of Labor Standards State Office Campus Building 12, Room 185C Albany, NY 12240 DAY OF REST AND MEAL PERIODS
Labor Standards enforces Day of Rest regulations where they apply, and the meal periods required for all workers. These are the Meal Period Guidelines.
Labor Standards enforces minimum wage standards. After investigation, the department issues certificates of registration to migrant farm labor contractors, growers and food processors who bring migrant farm labor into the state. The department enforces compliance with the conditions set forth in the registration and also issues permits to labor camp commissaries.
Labor Standards enforces the restrictions on industrial homework that are set forth in the Industrial Homework Law and the Homework Orders. The department issues permits for limited distribution of industrial homework, where it is authorized, along with certificates to eligible home workers.
Labor Standards issues licenses to qualified applicants to operate employment agencies outside New York City; it enforces the laws and regulations relating to their operation and the fees that may be charged.
Application For Employment Agency License LS - 355 |
