If you work in New York, you have certain protections under the law. Unfortunately, some employers fail to meet their legal obligations to you.
You should understand your rights as a worker so you can protect yourself and ensure your employer treats you fairly.
Your employer has several obligations related to your pay, including paying you at least minimum wage for every hour that you work. These hours include any that are outside of your regular schedule.
You must receive overtime pay for every hour you work over 40 hours in a week, which is 1.5 times your base rate.
Many employers attempt to classify employees as independent contractors because they are not entitled to minimum wage or overtime pay and have fewer legal protections. However, you should report suspected misclassifications to ensure you are properly protected.
Other legal protections
As an employee, you have a range of additional rights in New York. These include:
- Working in an environment free from discrimination based on race, religion, national origin, gender, age, sexual orientation, marital status, disability, or military status
- Working in a safe and healthy environment
- Forming a union without retaliation from your employer
You may also have greater protections under your local laws. You should familiarize yourself with the workplace laws of your city or county.
If your employer is not meeting his or her obligations to you, you have multiple legal options, and the right legal approach can ensure your employer respects your rights as a worker.