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Employee Rights and Benefits - Wage and Hour


New York employers are governed by a complicated series of Federal and State wage and hour statutes.  Federal legislation, including the Fair Labor Standards Act (“FLSA”), sets forth minimum requirements for wage and overtime payments.  In addition, other Federal statutes at times govern an employee’s wages and benefits, including the Family and Medical Leave Act, Consolidated Omnibus Budget Reconciliation Act, Employee Retirement and Income Security Act and the Worker Adjustment and Retraining Notification Act.

New York State laws, including the New York Labor Law and the Minimum Wage Act generally provide additional coverage to eligible employees.  Under certain circumstances, an employee’s wages and benefits are also governed by the New York Unemployment Insurance Law and New York Workers’ Compensation Law.

New York generally adopts most of the Federal wage and hour rules.  However, New York laws will apply to the extent that they provide additional protections consistent with the purposes of the Federal legislation.  This section is intended to provide a general overview of relevant Federal and State wage and hour laws and does not constitute legal advice.  Please consult with an attorney on specific wage and hour issues.

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