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wage and hour Archives

Same job duties not always necessary to show pay discrimination

A basic example of pay discrimination in New York presents two co-workers in similar positions with substantially different salaries. When the person with the lower salary falls within a protected class, this could be a discriminatory pay practice. The wage discrimination experienced by some people, however, might not fit into such a clear cut scenario. A ruling by a federal appeals court has established the standards for possibly proving pay discrimination based on something other than substantially similar work duties.

Gender pay gap in movies is real

New York residents may have heard about wage inequality between men and women in Hollywood. One of the most prominent examples of the wage gap was the difference in Michelle Williams' and Mark Wahlberg's pay for the film they did together, 'All the Money in the World." According to reports, Wahlberg was paid eight times more than Williams for regular filming and 1,500 times more than Williams for reshoots.

Federal overtime salary threshold to rise to $35,568

Managerial and administrative workers who earn more than a certain amount are not generally entitled to overtime pay. Employers in New York City with 11 or more workers must pay overtime to all workers who earn less than $58,500 per year. This figure will also apply to employers with 10 or fewer workers in 2020. The overtime threshold is far less generous in other parts of the country where federal rules apply.

Equal pay for equal work is protected by the law

For many New York residents, equal pay and equal compensation for work are important issues. The freedom that employees have to work in an environment free of discrimination is backed by a number of federal laws. These laws are enforced by the Equal Employment Opportunity Commission of the United States.

How to collect past due wages from an employer

When a person puts forth effort for a job and the employer refuses to pay, the employee is left with some unpleasant emotions as well as some unpaid bills. Fortunately, there are federal and state laws available to protect a New York employee from an employer who fails or refuses to pay.

Overtime regulation delayed

Many New York workers are still waiting for changes to overtime exemptions from the Fair Labor Standards Act. The Department of Labor has announced proposed regulatory changes in the past, but an announcement in October 2018 pushed them back once more to March 2019. According to an announcement from the agency, the proposed regulation will include an updated salary level to be classified as an exempt worker. Public input will be sought on the proposed salary level and other issues related to overtime.

Employers frequently short workers on their pay

New York workers being shorted on their paychecks is a very common occurrence. A recent study of low-wage workers throughout the country concluded that 25 percent of the people received pay that did not equal minimum wage. Shortages sometimes reached as high as $1 per hour. On average, the incorrect paychecks were $51 a week less than they should have been. Although the problem is common among low-wage workers, people at all income levels experience pay shortages.

Women continue to face a gender pay gap

Even 55 years after the Equal Pay Act was first signed into law in 1963, many women working in New York and across the country continue to face a gender pay gap. This issue continues to affect a broad swath of American women, particularly women of color who face multifaceted elements of discrimination in many cases. Every year, advocates draw attention to this issue by marking Equal Pay Day, indicating the day to which an average woman needs to work to make up for the pay gap with an average man from the prior year.

State holding public hearings to discuss tip credit

Employees who work in restaurants or otherwise earn their wages in tips may be interested to learn that on April 16, it was reported that the state labor commissioner began a series of public hearings about the topic. The first public hearing took place on April 20 and allowed advocacy groups and others to discuss tips.

New York workers recover millions in stolen wages

In 2017, more than $35 million in stolen wages was returned to 36,446 workers in New York. This was an increase over 2016, during which $34 million was recovered on behalf of 27,42 workers in the state. The governor of New York also announced that an additional $1 million had been provided to the Department of Labor to expand its staff.

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