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  2. Aug 18, 2020 · You can initiate a New York Department of Labor unpaid wages claim by filing the state’s six-page LS 223 form. The LS 223 form is available in English and other languages. Call the NY State...

    • Mary Dowd
  3. Instead of filing a claim with the New York State Department of Labor, you can file a claim in state court for unpaid wages as well. If you win your case, the court can award you the wages you are owed, an additional 25% (if the violation was willful), attorneys’ fees, and litigation costs up to $50.

    • Unpaid Minimum Wage: How Much Are You Owed?
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    • Meals and Rest Breaks
    • Other Common Wage Violations in New York
    • Penalties For Wage Violations in New York
    • Filing A Claim For Unpaid Wages in New York
    • Late Final Paycheck in New York

    Employees are entitled to the highest applicable minimum wage, whether it's the federal, state, or local rate. New York's minimum wage is significantly higher than the current federal minimum wage of $7.25. And if you work in New York City or other parts of New York, you are entitled to an even higher rate. Fast food employees are also entitled to ...

    Consistent with federal law, New York employers must pay employees time-and-a-half when they work more than 40 hours in a work week (or 44 hours per week, for live-in domestic workers). Certain types of salaried employees are exempt from overtime laws; to learn more, see our article explaining the white-collar exemptions. If you didn't receive the ...

    New York requires employers to prove meal breaks to their employees at certain times throughout the day. For lunch, employees who work more than six hours must receive a 30-minute lunch period between 11:00 a.m. and 2:00 p.m. For shifts that begin before 11:00 a.m. and continue past 7:00 p.m., employees must receive an additional 20-minute meal per...

    New York employers must also follow several other wage and hour requirements under federal and state law. Here are some other common wage violations by employers: 1. failure to provide at least one day off per week for most non-office employees (called "day of rest") 2. failure to pay sick pay, holiday pay, or vacation pay, as promised by the emplo...

    In New York, employees with wage claims can collect an additional sum called "liquidated damages." You can collect 100% of your unpaid wages as liquidated damages if your wage claim includes violations of minimum wage, overtime, meal break, or day or rest laws. For example, if you are owed $1,200 in unpaid minimum wage and overtime, you can collect...

    The quickest and easiest way to recover unpaid wages is typically to file a wage claim with the New York Department of Labor. For most wage violations, you must complete a Claim for Unpaid Wage (LS 22). For unpaid bonuses or vacation, sick, or holiday pay, you must complete a Claim for Unpaid Wage Supplements (LS 425). The Department of Labor will ...

    After you leave a job in New York, whether you quit, were fired, or were laid off, state law requires your employer to give your final paycheck on the next scheduled payday. If your employer has failed to pay your final paycheck on time, you can file a claimwith the state Department of Labor's Division of Labor Standards. If successful, you'll be e...

  4. Jan 9, 2024 · A person can begin a NY DOL claim for unpaid wages by filing a completed LS 223 form with the NY DOL. The form is available in English and other languages. A person can get more information by calling the NY DOL at 888-469-7365.

  5. Dec 13, 2023 · Generally, employees have six years to file a claim for unpaid wages in New York. What Steps Should You Take To Recover Unpaid Wages? If your employer refuses to pay you in accordance with the law, consider the following steps to best position yourself for recovery of your unpaid wages:

  6. Jan 9, 2024 · You'll need to submit a claim through WHD and wait for the department to investigate the claim. It will decide if your claim is valid, and if so, they'll submit a legal order to your employer to pay you your missing wages.

  7. Oct 27, 2021 · October 27, 2021. Day Pitney Co-Author (s) Heather Weine Brochin. On August 19, Governor Cuomo signed the No Wage Theft Loophole Act (the Act), which amended the New York Labor Law (NYLL) to make it easier for employees to bring claims against their employers for alleged unpaid wages. The amendments are aimed at closing a loophole crafted over ...

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