{6 minutes to read} In addition to employment discrimination the firm practices wage and hour litigation. Wage and hour litigation is mostly comprised of two separate violations, minimum wage and overtime. The Fair Labor Standards Act (FLSA) and the New York Labor Law (NYLL) delineate the rules for employers regarding paying Minimum Wage and Overtime.Continue reading
No state in the Union has taken more steps to protect its workers and employees than the state of New York. However, critics say the state went too far with the Wage Theft Protection Act. This act caps off what some industry leaders—especially in construction—call an explosion of bureaucratic red tape that renders New York business unprofitable and untenable. The law’s proponents have commented that the new Wage Theft Protection Act may actually protect New York’s employers from horrific, small business-destroying lawsuits. Read on for the basics of the WTPA debate.
As of February 1, the act requires that workers be notified of their wages annually. The WTPA Pay Rate form must include how much the employee is paid and when, the name and address of the employer, and allowances. The new form must be provided in English, and the employee’s primary language, if applicable. New York’s Labor Department provides translations in Spanish, Chinese, Korean, Russian, Polish, and Haitian Creole. Failure to comply will result in fines up to $50 weekly.
Businesses have complained that the new paperwork burden will cost the state’s industry millions, and that the law will do little to curb shady work practices. The Wage Theft Protection Act is essentially, say critics, bureaucracy without function. However, the law may provide advantages to employers. For example, the WTPA may prevent lawsuits from employees that sue over pay disputes. As paperwork is a key component in all legal proceedings, this paperwork functions to protect employers in the event a dispute over pay turns into litigation.
Only time will tell if the WTPA changes the way New York does business for the better. America’s economic turmoil has been felt deeply in New York State. Entrepreneurs most often call for deregulation, citing that decreased laws and streamlined businesses will turn NY’s economy around. However, most would agree that employees need protection as well, and the WTPA’s goal is to provide that.
As the Wage Theft Protection Act forces your employers into documenting information relating to your wages, you may become aware that your employer has not been paying you properly or depriving you of certain rights relating to your pay. If you are involved in a wage dispute in New York, then you may benefit by speaking to an employment lawyer. An expert employment attorney can help you understand the complexities of New York workplace law as it relates to you and will vigorously fight for your right to fair pay. Do not let yourself be victimized. Call the law offices of Valli Kane & Vagnini. LLP now at (866) 441-2873 and get one of NY’s most experienced and accomplished employment attorneys on your side.
