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New York Labor And Employment Law Blog

Failure to pay Overtime and Wages

I wanted to write on New York Minimum Wage and Overtime Law when it comes to employees working on commissions.  If you are commissioned employee and earn less than the minimum wage over the course of single work week, your employer is in violation of New York minimum wage law.  The single work week is the key.  In other words, your employer cannot state you made.for example, $40,000.00 over the year which is more than you would have earned for the year if you were paid minimum wage for the entire year.  Its per week.  However, in regard to overtime pay when you are an employee and you work in retail or a service establishment, adn your regualr rate of pay is at least one and half times the minimum wage and more than half of your earnings arte from commissionon goods or services, your employer may qualify under Retailor Service Exemption that being the RSE, and please know it is the employers burden of proof to demonstrate that RSE applys.  

LGBT and Sexual Orientation Discrimination in the Workplace

Just a quick note that if you believe you are being discriminated against in the workplace due to your sexual orientation or LGBT status, please know that there are Federal, State and Local statutes that provide rigthts to you and remedy.  First and foremost, if this is happening to you I am truly sorry.  But please be strong and at least let me know and I will guide you on how to remedy the discrimination against you so you can go to work and not feel like you are going sick to your stomach when you approach the workplace.  

Student Bullying Based on Sexual Orientation and More. Important.

Quite simply if you are student and are being bullied at school, contact me.  There is procedure you must follow pursuant to the law, which includes put the school disctrict on proper notice and once you have done that and the school district fails to take proper action, there may be remedy for you.  This falls under the Education Law Article 2 known as the "Dignity for All Students Act."  Specifically, this statute prohibits students from being subjected to harassment or bullying by employees or students on school property or at a school function not shall any student be subjected to discrimination based on a person's actual or perceived race, color, weight, national origin, thinic group, religion, religious practice, disabilty, sexual oreientation, gender, or sex by school employees or students onschool property or at a school funciotn.  The statute goes on to state that every school district shall create policies, procedures and guidelines intended to create a school environment that is free from harassment, bullying and discrimination.

Please Know You Do Not Have To File With The New York State Division of Human Rights In Order to Sue in State Court

Please know that if you believe you are being discriminated against in the workplace here in New York State, that you do not have to file a charge of discrimination with the New York State Division of Human Rights.  

Never Give In Or Give Up: Don't be Afraid

If you know that you are being treating differently than your similarly sitiaute co-workers by your boss because of your gender, or age, sexual orientation, race, national origin or ethnicty, do not take it.  Follow the employee handbook policies and formally complain in writing and do give up or be afraid to complain.  This is your job.  You are supporting your family.  And noone has the right to ruin it.  You should leave work each day feeling accomplished and not discriminated against.  And you should be paid the correct wages. And if you know that others are getting severance pay and when it is time for you to leave, you are not offered severance, say something.  Never give up.

Make Sure Your Job Title Earns You The Correct Wages and Overtime

There are times when an employee has worked as an hourly employee for years, providing the opportunity to earn overtime, and then suddenly the employee's title changes to "Manager" or "Supervisor" and is placed on a weekly salary, thus ending the ability usually to earn overtime and yet the employee is still performing the exact position responsibilities and nothing has changed.  Nothing.  No Supervising or Managing anybody.  If this has happend to you let me know.

Being treated differently than your similarly situated co-workers

Prospective clients consult with me for an employment related issue, where it turns out there is no cause of aciton availalbe for them, but as I listen to how they were being treated differently than their similalry situated co-workers, I learn it is becuase of either their Race, Age, Sexual Orientation, Gender, National Origin or due to their disability.  Some of the adverse actions I have come across are increased supervision, fabricated performance evaluations, not be inviting to meetings anymore, change of offices, involuntary transfers, or simply not even greeted with a Good Mornng when they arrive at work.  Its terrible and ruins your entire day and then you have to go back the next day, waiting to see how you are going to be treated.  There is remedy because all you want to do is be left alone and do your job in a hositle free work enironment.  So if your gut it telling you something is wrong at work, that something has changed and your not being treated the same as you similalry situated co-workers, let me know as you are probably not imagining it.

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