As a worker in New York, you benefit from both federal and state wage laws. However, wage theft and salary violations may still occur at your place of employment. To protect yourself, you need to understand what types of wage and hour violations most frequently occur and how to report them.
Most common wage violations in New York
Wage violations happen throughout multiple industries in New York. However, across all of workplaces, these three wage violations occur most frequently:
• Minimum wage infractions
• Misclassifying employees
• Refusal to provide breaks
• Asking employees to work off-the-clock
• Overtime denial or refusal
Types of wage theft
Some of the most common wage and hour issues involve outright theft. When considering your pay, be on the lookout for these common types of wage theft:
• Commission pay disputes
• Violation of the Equal Pay Act
• False payroll deductions
• Bosses stealing tips
• Ignoring trade workers’ prevailing wage rates
Reporting wage and hour violations
If your employer violates your wage and hour rights, you can file complaints in person or by mail at the New York Department of Labor. You need to direct your complaints to the Wage and Hour Division. Every complaint should include the following information:
• The name, phone number and address of you and your employer
• Type of business
• Job title and description
• All relevant payment information
• Descriptions of the wage and hour violations
• Dates violations occurred
Prepare for a legal fight
Employers know they can face stiff fines and even face prison time for failing to comply with New York’s wage and hour laws. For this reason, they may fight your accusations. In these circumstances, you need to ensure that your rights are protected.