Monthly Archives: February 2017

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What Should Be in Your Pay Stub New York? Wage Statements New York Labor Law 195-3.

Wage Statements NYLL 195-3. Deductions, Rate of Pay, Hours Worked, Overtime Rate – these are all things that employees should know about how the y should be paid.  New York Employers Must Comply with New York Labor Law 195-3. Sometimes employees pay employees in cash – leading to difficulties understanding how they are paid.  Tipped workers and some hourly workers see that their pay stub is “off” or there is a problem.  Most employees may not realize that they might not be getting paid the right way.  Often employees see that their pay stub does not reflect what they feel they are owed.

Employees should complain to their employers and notify them that they think there is a problem with their pay stub or ask your employer to provide you with a pay stub. Do not fear your employer – its OK to complain about your pay stub. Retaliation is unlawful – if you complain about your pay stub face adverse employment action from your employer.

Take a look at this sample pay stub on the NYS Dept. of Labor’s website:

If Your Pay Stub Not Look Like This in New York, Contact an Employment Lawyer today!

New York Employees: Did you receive your Wage Notice?

New York’s Wage Notice and Statement Conundrum.  Employers in NY must comply with New York Labor Laws 195-1.

Contact an Employment Attorney if you did not receive your wage notice.

When you get hired, get a raise or a pay cut your employer in New York must give you a wage notice.  In NY some employers fail to provide employees with a wage notice. Like this:NY Labor Law Sec 195. But fail to do so.  The notice Labor Law Section 195(1) Notice and Acknowledgement of Wage Rate and Designated Payday Hourly Rate Plus Overtime is easily accessible online – but some employers do not even bother to comply with the law.

The Wage Theft Prevention Act (WTPA) took effect on April 9, 2011. The law requires employers to give written notice of wage rates to each new hire. The notice must include: Rate or rates of pay, including overtime rate of pay among other things.  NYLL 195 (1). The law mandates that the notice be in the employee’s language and must comply with the format as proscribed by the NY DOL

“General Statement Regarding Overtime Pay in New York: Almost all employees in New York must be paid overtime wages of 1½ times their regular rate of pay for all hours worked over 40 per workweek. A very limited number of specific categories of employees are covered by overtime at a lower overtime rate or not at all.” an excerpt from NY DOL form 195-1 notice.

“For each week an employee works, the payroll records must contain: − Hours worked (regular and overtime) − Rate or rates of pay (regular/overtime) − How the employee is paid – by the hour, shift, day, week, commission, etc. − Pay at the piece rate must show what rates apply and the number of pieces at each rate − Employee’s gross and net wages − Itemized deductions − Itemized allowances and credits claimed by the employer, if any (tip, meal and lodging allowances or credits)”P715NYLL(publication NYS Dept. Labor).

If your employer or job has not given you your Wage Notice consult with an a employment attorney today.

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Supreme Court of the United States back to Status Quo with Hobby Lobby Judge

The Judge in the Majority 10th Circuit Opinion Burwell v. Hobby Lobby Stores, Inc. is now the in line to fill the late great Antonin Scalia’s empty seat on the nation’s high court.  Judge Gorsuch, 49, is a Colorado native and conservative jurist with admiration and respect from both sides of the aisle in Washington D.C.

Now the Court will be at “balance” with four conservative and liberal justices respective and one swing justices (Kennedy).   At this point Judge Gorsuch is likely to be confirmed notwithstanding fierce opposition from house and senate democrats seeking to undermine President Trump’s appointments.  Judge Gorsuch is know for following the law and applying the law regardless of ideology or predisposition.  In his acceptance speech at the White House standing beside his wife, Gorsuch explained to the American people that a judge is “bad” when he or she agrees with all of the cases in which the render opinions.  Grosuch applies natural law and freedom and liberty to his Conservative opinions.  Gorsuch’s appointment may render the Court in a more favorable position for individual liberties and the rule of law.  Gorsuch may have plans on overturning “Chevron” deference – the so called “administrative agency deference in the law – where courts side with the agency on its ruling.

President Trump Nominates 10th Circuit Court of Appeals Judge Neal Gorsuch to Supreme Court of the United States on January 31, 2017.