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24/02/2021

What are NYS Labor Laws on salaried workers?

What are NYS Labor Laws on salaried workers?

Salaried exempt employees should receive no less than $455 a week, which is approximately the same as $23,600 a year. This is as set out by the Fair Labor Standards Act Law, or the FLSA. Salaried exempt employees are not paid the same hourly minimum wage as their non-exempt counterparts.

What are some of your rights as a NYC worker?

YOUR RIGHTS: Paid Safe and Sick Leave Use sick leave for care and treatment. Use safe leave to seek help or take other safety measures for any act or threat of domestic violence, unwanted sexual contact, stalking, or human trafficking.

Can your salary be reduced?

Can my employer reduce my salary? In general, your employer can reduce your salary for any lawful reason. There is no specific California labor law which prohibits an employer from reducing an employee’s compensation. However, your employer cannot reduce your salary to a rate below the minimum wage.

Are salary workers entitled to overtime?

As it currently stands, any salary employee making $23,660 per year is not awarded overtime in any circumstances, regardless of how many hours they work each day, week or month.

Is it legal to work over 40 hours on salary?

An exempt employee is not paid overtime wages for hours worked over 40 in a workweek. To be considered exempt from FLSA, an employee must be paid on a salary basis, and must have exempt job duties. As of January 1, 2020, the FLSA salary threshold is $36,568 per year (or $684 per week).

What are the rights of exempt employees?

The only real “right” that the exempt employee has under FLSA is to be paid their guaranteed minimum salary in any week that they perform some work. However, this doesn’t mean that exempt employees have no rights at all. They are only exempt from FLSA protections, not all worker protection laws.

Is it illegal to work 7 days a week in NY?

In general, an employer in New York may require its white-collar employees to work seven days in a week. By contrast, in some blue-collar industries and occupations in New York State, a worker is entitled to enjoy 24 consecutive hours of rest in each calendar week.

Can you sue for not getting paid on time?

Yes. An employee who is owed unpaid wages can file a lawsuit against their employer to recover unpaid wages, in addition to other damages provided by law. An employer who pays late wages or fails to make final payments available is in violation of California wage and hour laws.

How many hours are expected of a salaried employee?

How Many Hours Can a Salaried Employee Be Made to Work? An exempt salaried employee is typically expected to work between 40 and 50 hours per week, although some employers expect as few or as many hours of work it takes to perform the job well.

Are salaried employees entitled to breaks?

As we mentioned before, not all exempt workers are entitled to meal and rest breaks. But under the labor laws of California, they have to receive their meal and rest breaks. Also, as much as inside salespersons are considered exempt workers, they still are entitled to meal and rest breaks.

Do you get paid if you work more than 10 hours in New York?

If your hours of work are “split” (not consecutive), or if shift lasts more than ten hours, you may be entitled to one additional hour’s pay for the day, at the New York State Minimum Wage hourly wage rate. I was required to report to work, but sent home when I arrived. Am I entitled to pay?

How much overtime do you have to pay in New York?

New York Labor Law requires employers to pay 1 ½ times your regular rate of pay (instead of your regular rate) for hours worked after 40 in a work week. Almost all workers are entitled to overtime pay, but there are some exceptions.

Is it illegal to ask about salary history in New York?

Effective Oct. 31, 2017, it became illegal for public and private employers of any size in New York City to ask about an applicant’s salary history during the hiring process, including in advertisements for positions, on applications, or in interviews.

What are your rights as a construction worker in New York?

If you are a construction worker in New York State, you are generally considered to be an employee protected by workplace laws. You can seek legal advice if you are a construction worker being treated as an independent contractor. For more information, visit labor.ny.gov and search “construction workers.”