Once an employer hires an individual in New York or any other state, he or she is afforded certain rights and benefits in the workplace. These rights are referred to as employee rights, and while these rights and benefits are activated as soon as or even before employment begins, this unfortunately does not mean that all employees in fact get the rights and benefits they are entitled to.
What could cause a wage and hour dispute over these rights? With regards to wages, employees might file a claim or initiate an action if they believe their employer has violated a law that is related to employee benefits. This includes not being paid the correct minimum wage, being paid a lower training wage or a youth minimum wage when an employee should be receiving more, not being paid overtime, being forced to work off-the-clock, deducting too much for tips or deducting for wages paid in goods.
In addition to wage and hour rights being violated, employees could also experience the violation of employee benefits. This can cover a wide range of benefits, but this can typically include benefits such as family and medical leave, which are required under federal law. It could also include optional benefits that are negotiate, such as medical, disability and dental insurance, life insurance and pension plans. If an employer chooses to provide certain benefits, certain federal regulations must be followed.
If an employee that their employment rights or wage and hour rights are not being upheld, he or she should understand that there are rights and options afforded to employees. It is possible to file a claim, recover damages and reach a resolution with an employer.
Source: Findlaw.com, “Wages & Benefits: Overview,” accessed May 6, 2017