Why Hire Lipsky Lowe LLP?
- We bring 40+ years of experience focused solely on employment law, including complex wage and hour disputes.
- We understand how employers think, because we spent years representing them at a major labor and employment firm.
- We take cases to trial when needed, not just to a settlement.
- We’ve recovered millions for employees across New York and New Jersey.
- We tailor our strategy to the specific facts and goals of your case.
- We provide strong, compassionate advocacy backed by a reputation for competence and client-focused representation.
- We offer a free consultation to assess your wage and hour concerns.
Employers Must Regularly Pay Salaried Employees
New York Labor Law Section 191 specifies how frequently employers must pay their employees. The frequency of payment varies based on the nature of the employee’s role.
Complying with this law requires most employers to establish payment schedules and obtain employee approvals. Clerical or other workers must be paid no less than twice monthly.
This section covers all private sector employees in New York, but it does not cover federal, state, or local government employers, private schools, charter schools, or not-for-profit corporations.
It’s important to note that executives, administrators, and professionals earning over $1,200 per week are exempt from certain regulations. However, if your employer has misclassified your position, you may still be entitled to more frequent payments. Even if you are a bona fide professional worker, your employer must pay you in accordance with your employment agreement. If they aren’t paying you on time, it’s crucial to seek advice from an employment attorney.
Am I Entitled to Overtime Pay As a Salaried Employee in New York City?
Some salaried New York employees have a right to overtime pay. For example, non-exempt salaried employees are entitled to overtime pay if they’ve worked more than 40 hours in a single week. Overtime pay must be at least 1.5 times their regular pay rate for all hours worked over the 40-hour mark. The overtime law doesn’t apply to workers employed by New York City, the state, or the federal government. Still, it does apply to employees of private schools, charter schools, teachers in school districts, and non-profit organizations.
For residential workers or those working at their employer’s premises, overtime pay requirements begin after they’ve worked 44 hours a week. Employees aren’t entitled to overtime pay for working night shifts or on holidays. However, some employers choose to offer overtime pay in these cases.
Your employer may claim you are exempt from the right to overtime pay because you’re an executive, administrative, or professional employee. If you’re unsure if your employer has rightly classified you, it’s important to discuss your situation with an employment attorney. Your employer may have wrongly classified you to try to avoid paying required overtime pay.
Common Wage Violations for Salaried Employees
The New York Wage Theft Prevention Act safeguards workers, including salaried workers, from wage theft. This law requires employers to provide workers with written pay stubs. When employers violate this law, they can face significant sanctions and penalties.
For example, failure to provide a salaried employee with written wage notifications and paystubs can result in a $10,000 fine per employee and penalties of $50 per day for each day they violate the statute. This ensures that justice can be served for employees who have been wronged.
Employers Cannot Deny Salaried Employees Sick Leave
An employer may try to claim they have a right to deny you sick leave because you’re a salaried employee, but this isn’t the case. Under New York law, employers with at least five employees or a net income of $1 million or more must provide employees with paid sick leave.
The federal Family and Medical Leave Act (FMLA) allows eligible employees up to 12 weeks of unpaid leave to care for their medical or family member’s needs. State laws provide additional benefits, requiring employers to provide even more sick leave. Additionally, employers must give salaried employees time off for jury duty and National Guard responsibilities. Employees are entitled to two paid leave hours to vote under certain conditions.
Employers Cannot Deny Breaks for Salaried Employees
New York State law entitled employees to a “day of rest,” including salaried employees. Most employees are eligible for a full 24-hour day off within each calendar week. Under New York labor laws, public and private employees are entitled to meal breaks. Non-factory workers are entitled to a 30-minute lunch break during their first shift.
A midway break needs to be at least 45 minutes. All workers are entitled to an additional 20-minute break between 5 and 7 p.m. if their workday begins between 11 a.m. and extends past 7 p.m. There are some exceptions to the general rule, but in most cases, salaried employees are entitled to breaks throughout the day.
Illegal Deductions from Salaried Employees’ Paychecks
Employers may try to deduct various expenses from a salaried employee’s paycheck. Many of these deductions violate local, state, or federal laws. Lawful deductions include repaying salary advances, recovering overpayment, and adhering to pre-tax contribution plans the IRS has approved.
Deductions can also be made for wage garnishment related to taxes, spousal support, or child support. However, employers can’t deduct expenses like office supplies, breakages, and other fees or expenses from a salaried employee’s paycheck.
How to Pursue a Claim Against Your New York City Employer
Salaried employees have the right to be paid fairly and on time by their employers. They also have the right to take breaks and use sick leave. If you’re a salaried employee and suspect your employer has violated New York labor laws, you’ll benefit from speaking to an attorney. Employees have limited time to file wage and hour claims against their employers. Contact Lipsky Lowe LLP to schedule a complimentary, no-obligation case evaluation.