What should you know about your rights as a NYC employee?
In New York City, all employers must pay their employees at least the minimum wage rate set by the state. For most workers, this rate is $15 per hour. You can view specific and updated minimum wage requirements from the New York State Department of Labor here.
Employers are also required to pay tipped workers at least $10 per hour regardless of the size of their business. Workers should understand that this minimum wage rate applies even if an employer offers tips or other incentives such as food, lodging, or transportation reimbursement.
In January, New York State Governor Kathy Hochul proposed raising the minimum wage annually. You can read more about that proposal here.
Under federal law and state law, any employee who works over 40 hours in one week is entitled to overtime pay at 1½ times their regular hourly rate of pay. This means that if an employee’s regular hourly rate is $15/hour, they should receive $22.50/hour for any hours worked over 40 in that week.
Note, some employers try to get around paying overtime by having employees work “off the clock.” This means they do not record or pay them for those hours worked. This is illegal and employees have a right to seek compensation if they are not properly compensated for overtime hours worked.
New York City law entitles all employees working in New York City to paid sick leave. It doesn’t matter how many hours they work each week or the length of time they’ve been employed.
Employers must provide up to 40 hours of paid sick leave each year (or up to 36 hours of unpaid sick leave) and can choose whether they want these paid days off given as accrued time off or as a lump sum at the beginning of each year.
Employees can use this time off when they become ill or need caregiving services due to illness or injury. However, employers may require documentation before granting leave under this law.
Knowing your rights as a worker in New York City can make all the difference when it comes to fair treatment and getting what you deserve on the job. Don’t be afraid to speak up if you feel like your employer isn’t following these laws. You have a right to demand fair treatment.
If you find yourself facing an issue with wages owed or other violations of worker rights, consider seeking legal advice from an experienced attorney. Look for someone who specializes in labor and employment law. This increases the chances of a quick resolution to your case. Your hard work shouldn’t go unrecognized.
If you want to know more about NYC worker rights or you believe your employer violated your rights, we can help. For more information or to schedule a consultation, contact Borrelli & Associates, P.L.L.C.
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