State and federal laws are meant to ensure that workers are treated fairly and work in safe conditions. They cover everyone, regardless of legal status. Among the most important are the Fair Labor Standards Act (FLSA), which covers the whole country, and the New York Labor and Employment Laws which provide additional protections in this state.
It is illegal for employers to punish workers — including those without documents — for reporting violations of these laws or unsafe conditions..
Just because there is a law, doesn’t mean all employers follow it. Workers sometimes need to fight for their rights; they’re safer if they raise issues as a group and should always get help from experts. Below are some key rights and after that some groups that help workers who believe their employers are breaking the law or not treating them fairly.
Overtime Pay
Most workers in New York State are supposed to be paid extra if they work more than 40 hours in a week. This is called overtime pay and should be 1.5 times the regular rate. For example, someone earning $20 an hour, should get $30 an hour for overtime. Farm workers are an exception to this rule. They are eligible for overtime if they work more than 56 hours a week.
Breaks and Rest Days
New York law requires breaks and rest days. Everyone has the right to a whole day off each week. Anyone who works more than six hours in a row, should receive a break of at least 30 minutes.
Minimum Wage
As of January 1, 2024, the minimum wage in New York State is $15 per hour. In New York City along with Suffolk, Nassau, and Westchester counties, it is $16 per hour. This rule applies to all jobs even if you get tips.
And remember . . .
Health & Safety Matters
A government agency, the Occupational Safety & Health Administration (OSHA) is supposed to keep everyone safe at work. Employers should tell workers about any risks, teach them how to stay safe, and provide safety equipment as needed. Workers who get hurt or sick because of a job, may be able to get compensation. Workers cannot be punished or deported for reporting hazards.
The NY HERO Act is meant to protect workers from exposure to airborne diseases. It also protects workers who report violations and allows workers to establish safety committees. Get more information in English, Spanish, and several other languages.
Workers Deserve Respect
Employers are supposed to treat workers fairly no matter their age, race, gender, where they are from, what they believe, or who they love. These rules apply to the hiring process as well as how workers are treated on the job.
Keep Records
It’s a good idea to keep a record of how many hours are worked each day and week. This way, workers can be sure they are paid for all the time worked. It’s also a good idea to make notes about exposure to chemicals, discrimination and sexual harassment, or other workplace issues.
Where to get help
As mentioned above, just because something is illegal doesn’t mean it doesn’t happen. The following groups can sometimes help with workplace problems.
Worker Justice Center of New York (Website is in multiple languages.) WJCNY provides information and training on workplace issues such as safety and health, supports labor organizing, works for policy changes at all levels, and offers free legal help on matters affecting low-wage workers. WJCNY also partners with community groups to support collective action. Contact: 9 Main Street, Kingston, 845-331-6615, 800-724-7020.
Rural and Migrant Ministry (Parts of the website are available in Spanish.) RMM supports rural workers – especially farmworkers – seeking to improve working and living conditions; experiential and popular education to strengthen rural leaders; and youth empowerment. Hudson Valley office, 845-485-8627, and Sullivan County, 845-539-5069. RMM also works on Long Island and in western New York.
National Day Laborer Organizing Network (Parts of website in Spanish.) NDLON aims to improve the lives of day laborers, migrants, and low-wage workers and builds leadership and power so workers can challenge inequality and expand labor, civil, and political rights for all. The group works on litigation and campaigns such as getting ICE out of jails. NDLON also created a series of study materials on the origins of the Central American migrant exodus.
National Domestic Workers Alliance (Website is available in multiple languages.) NDWA works to protect and raise labor standards for domestic workers — housekeepers, nannies, home and elder care workers — and to make their work visible and valued. NDWA offers leadership development for women of color; invests in grassroots groups; and builds state, regional, and national change campaigns.
Division of Immigrant Policies and Affairs (Website is available in multiple languages.) This NYS Dept. of Labor program addresses the needs, issues, and challenges of immigrant workers with outreach and monitoring of labor law compliance. Many forms and other materials are available in multiple languages. Topics covered include H-2A, -2B, U, and T visas; human trafficking, labor rights, racetrack work, and more. Contact: 877-466-9757, dipa@labor.ny.gov.
Documented (Parts of the website are available in multiple languages.) This non-profit news site devoted solely to covering New York immigrants and policies that affect their lives, provides original reporting on labor policy, law–enforcement, bureaucratic requirements, and the effects of federal directives.
Thanks to Heram Amiri for research and writing.