Frequently Asked Questions

As of July 2009, the New York State minimum wage rate is $7.25 per hour.

The federal minimum wage rate is also $7.25 per hour. In cases where the federal and state wage rates are different and an employee is subject to both state and federal minimum wage laws, the employee is entitled to the greater of the two wages.

As of July 2009, the New York Department of Labor increased the "tip credit" that restaurants are entitled to take. This helped increase the minimum wage rate from $4.60 to $4.65 for food service workers who receive tips. The increase also affects the overtime premium paid to food service workers in New York.

Please be aware that when an employee is required to wear a uniform at work, the cost of purchasing or maintaining the uniform plus earnings should not make the employee's hourly rate fall below the minimum wage rate. The value of meals and lodging is also considered when an employer calculates an employee's minimum wage requirements.

The Department of Labor also increased the minimum weekly salary required for an employee to be considered "exempt" from receiving overtime under New York law. The result is that an employee paid at least a minimum weekly salary of $543.75, increased from $536.10, is not entitled to receive overtime.

Many workers are entitled to receive minimum wage, but some are not. Workers who are exempt from the minimum wage law include:

  • Independent Contractors (i.e., workers who are in business for themselves) are not considered "employees", so they are not protected by the minimum wage law;
  • Executives and administrators earning more than $543.75 per week;
  • Professionals;
  • Outside salespersons (i.e., employees who customarily and regularly work away from the employer's business, selling or taking orders to sell goods and services);
  • Taxicab drivers;
  • Part-time babysitters;
  • Government employees, although certain non-teaching employees of BOCES are covered under the minimum wage law;
  • Companions of the sick or elderly who live in their employer's home and whose principal duties do not include housework;
  • Ministers and members of religious orders;
  • Volunteers, learners, apprentices and students working in non-profit institutions; and
  • Students obtaining vocational experience.

Workers who are exempt from the Fair Labor Standards Act ("FLSA") are generally not entitled to overtime pay. These workers include:

  • Independent contractors;
  • Executive, administrative, and professional employees who are paid on a salary basis and meet the job duties test;
    • Paid on a Salary Basis:
      • Means the employee earns at least $455 per week and receives the same salary every week, regardless of how many hours the employee works or the quantity or quality of the work the employee does.
    • Job Duties Test:
      • Generally means the employee performs work that requires an advanced degree, is managerial or supervisory in nature, or requires that the employee make relatively high-level business decisions.
    • Volunteers;
    • Outside salespeople;
    • Certain computer specialists (such as systems analysts, programmers, and software engineers) who earn at least $27.63 per hour;
    • employees of seasonal amusement or recreational businesses, such as ski resorts or county fairs;
    • employees of organized camps, or religious or nonprofit educational conference centers that operate for fewer than seven months a year, and;
    • casual domestic baby sitters and people who provide companionship to those who are unable to care for themselves (this exception does not apply to those who provide nursing care, or to personal and home care aides who perform a variety of domestic services).

Many employers have to pay overtime to their workers, but some do not. For an employer to be covered under the Fair Labor Standards Act ("FLSA"), thus required to pay overtime, the employer must:

  • Be engaged in interstate commerce (i.e., the employer conducts business that involves more than one state). Interstate commerce is interpreted very broadly and includes making phone calls to or from another state, sending mail out of state, handling goods that have come from or will go to another state, etc.
  • An employer whose business earns $500,000 or more in annual sales is also covered under the FLSA and required to pay overtime to workers who are entitled to receive it.
NOTE -- even if an employer is not covered by the FLSA, an employee may still be entitled to receive overtime under New York pay rates.

Most workers are allowed at least thirty (30) minutes for a noon day meal under Section 162 of the New York Labor Law. Every person employed in or in connection with a factory is allowed at least sixty (60) minutes for the noon day meal.

The noon day meal period is recognized as extending from eleven o'clock in the morning to two o'clock in the afternoon.

An employer does not have to pay you for holidays, sick time or vacation under New York law, unless an established workplace policy, custom, or contract requires it.

If an employer pays you for holiday, sick time or vacation time, the employer can unilaterally impose its own conditions on the benefits, but the employer may not provide those benefits in a discriminatory or retaliatory manner or in a manner that otherwise violates federal, state or local law.

New York State is an "employment-at-will" state, which means that employment may be terminated for any reason or no reason, with or without cause and with or without notice by you or by your employer.

Still, at-will is not without restrictions. An employer may not fire you for unlawful discrimination, harassment or retaliation under New York or federal law. Unlawful discrimination or harassment is misconduct against your sex, race, sexual orientation, pregnancy, gender, age, disability, religion, or other legally protected classification.

Wrongful termination under NY and federal law may also occur if your employer fires you in a manner that breaches an established contract that otherwise restricts termination (such as a collective bargaining agreement, employment offer letter, or provision in an established employee manual), or in a manner that otherwise violates New York or federal law.

Other exceptions to the employment-at-will doctrine exist under sections of the New York State Labor Law. Section § 201-d of the Labor Law prohibits an employer from firing an employee for engaging in political or recreational activities outside of the workplace, for legal use of consumable products outside of work, or for membership in a union. Section § 215 of the Labor Law prohibits employers from penalizing employees for making a complaint to the employer, to the Commissioner of Labor, or to the Commissioner's representative about any provision of the Labor Law.

When employment is terminated, your employer must pay your last check by the regular payday for the pay period worked. If requested, the employer must also mail the final check directly to you.

New York State does not offer paid family leave at this time, although legislation has been proposed that would mandate paid medical leave for certain health conditions of your own.

New York does follow the Family and Medical Leave Act ("FMLA") under federal law, which offers a 12-week period of unpaid leave to employees who need to take time off for certain health conditions of their own or of family members. The FMLA also provides leave for family members of those serving in the military under certain circumstances.

Free Initial Consultation

We Hear You. Trust us to take care of you and your case.
GET STARTED NOW

Testimonials

Hear what our Clients have to say
  • Arlene

    New York City
    Laurie did an awesome job in getting a resolution for my case. She was the silver lining around the dark cloud for me. Laurie is a professional and I had total confidence in her abilities to represent me. I would totally use her again and highly recommend her services.


    READ MORE

    Marvela

    New York City
    "Laurie provided me superb, factual and practical legal advice that allowed me to make a life changing decision about my career. I am financially, emotionally and professionally in a better place. I would rehire her over and over again."




    READ MORE

    Greg

    New Jersey
    "Perfect balance of knowledge, compassion and professionalism" – "I have had a few lawyers represent me in various situations but Laurie stands out as someone who really got involved and understood all the intricacies of my case. She was always quick to respond to calls/emails. I highly recommend this lawyer."
    READ MORE
  • Anonymous

    "If you are considering Laurie as a Lawyer I would recommended her to anyone who is in need of an honest,dedicated professional. In less than six months,Laurie settled my case and I cannot thank her enough."
    READ MORE

    Edward

    New York City
    "Laurie was excellent at guiding me to understand what was relevant and material and what was not. She kept me informed along the way and was also wonderfully supportive with respect to my health and legal challenges. I'd hire her again and fully recommend her to anyone who needs legal representation."
    READ MORE

    James

    New Jersey
    "Laurie is a very talented and savvy attorney. Most lawyers forget that they are dealing with other humans and remove the "people approach" when dealing with their clients. Laurie does the exact opposite. She is accessible, reliable, and she doesn't shy away from other strong-armed attorneys. Laurie is your attorney! She is very good – she won my case!"
    READ MORE
  • Anonymous

    New City
    "I could tell from our first conversation she truly cared and was so sincere I could hear the humanity in her voice. If you are considering Laurie as a Lawyer I would recommended her to anyone who is in need of an honest,dedicated professional. In less than six months,Laurie settled my case and I cannot thank her enough."
    READ MORE

    Denis

    New York City
    "I highly recommend Laurie. She is a very knowledgeable, thorough, and very thoughtful attorney. She prepared several employment documents for me, including an employment contract proposal, a non-solicitation and confidentiality agreement, and an independent contractor agreement."
    READ MORE

    Anonymous

    "Laurie helped me bring suit against a Fortune 500 company on a discrimination case. Her knowledge, experience and empathy was something I will never forget. She sticks up for the little guy!
    I highly recommend Laurie."
    READ MORE
  • Dominick

    New York City
    "She's a great lawyer and got us results, can't thank her enough! Would and have recommended her to other people!"
    READ MORE

    Denis

    New York City
    "Laurie is an amazing attorney! She is a true advocate for people's civil rights. Laurie fought for my right as a woman to be treated equally, fairly, and justly in the workplace. I cannot thank her enough!"



    READ MORE

    Anonymous

    "Laurie is very knowledgeable about employment law and thoroughly informed me of my rights, responsibility and the limitations of the law. I hired her after speaking four attorneys because she listened the best, was was willing to share her knowledge and was tenacious. Laurie certainly is tough but certainly not without compassion and care."
    READ MORE
  • Anonymous

    "Highly Recommended Attorney. You can not go wrong when you have a strong, hard working, and dedicated lawyer on your side as Mrs. Morrison. She won my case. Her positive energy and expertise makes you in a win win situation."
    READ MORE

    Anonymous

    "Laurie represented me remarkably well and was there for me every step of the way through the successful resolution of my case. Laurie was highly responsive and kept me apprised throughout the process. She is truly the individual you want advocating for you. It was a true honor and privilege to work with such an outstanding, determined, and caring attorney! Highly recommend!"
    READ MORE

    Anonymous

    "Mrs. Morrison was consistent to say the least, which is a good thing as at times I was overwhelmed with the idea of battling such a large company. She was dutiful in her ability to be reached via all modes of communication. In the end my case was settled for what I believe to be a reasonable monetary amount. I would recommend Mrs. Morrison without hesitation."
    READ MORE
  • Sabri

    After receiving an unexpected job elimination I reached out to Laurie's firm. I told Laurie what I wanted, and she was able to successfully negotiate on my behalf for a better-than-offered agreement. While this was a very stressful time for me, she really kept me informed on the progress of the case.
    I would recommend Laurie Morrison to anyone who needs resolution of issues
    involving employment and retirement benefits.
    READ MORE

Contact Us

New York Office

100 Church Street, 8th Floor, New York, NY, 10007

E-mail Us

Name(Required)
This field is for validation purposes and should be left unchanged.

New Jersey Office

28 Valley Road, Suite #1, Montclair, New Jersey 07042
Copyright Law Offices of Laurie E. Morrison | All Rights Reserved | Website and SEO Services by: Marketing Powers, LLC
phoneenvelope linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram