It's not unusual for employers to claim employees as independent contractors. After all, it's cheaper for them - they pay lower taxes and benefits. But whether you are an employee or an independent contractor is a question of law. New York law presumes workers are employees. Basically, if your employer controls and directs the services you perform, you're an employee. You can be an employee even if your employer gives you a 1099 form instead of a W-2 form.

Yes. You're entitled to at least 30 minutes, noon day, for a meal if you work more than six hours during a calendar day. The noon day meal is recognized as extending from eleven o'clock until two o'clock in the afternoon. Every person employed for a period or shift of more than six hours starting between the hours of one o'clock in the afternoon and six o'clock in the morning, shall be allowed at least sixty minutes for a meal period, at a time midway between the beginning and end of such employment. . During meal time you must be free of all your duties, and allowed to leave the premises. If you voluntarily waive your right to a meal, you must be paid for the working time.

An employee who by request or permission of the employer reports for work on any day shall be paid for at least four hours, or the number of hours in the regularly scheduled shift, whichever is less, at the basic minimum hourly wage.

Each work week stands on its own. Your employer may not avoid paying you overtime in one work week by giving "comp time" during another work week.

However, there is no daily overtime pay requirement. So, your employer may grant you comp time for a given day, instead of overtime pay, during an individual work week as long as the total number of hours worked for that week does not exceed forty without time-and-a-half pay.

Commissions are considered wages when they are definitely determined and due and payable, with some exceptions made by courts on a case-by-case basis, such as for episodic commissions or those that are part of a separate voluntary plan. When they're not wages, courts typically treat commissions as contract claims.

It depends on the court. Some say severance is a wage, because the term "wages" includes dismissal pay. Others say severance is not a wage, because it is not "earned." When they're not wages, courts typically treat severance payments as a contract claim.

Ordinary travel to and from work is not considered working time. But you should receive pay for travel during the work day. You also may be entitled to pay for any additional commuting time necessary to get to alternate work sites.

Prevailing wages are the hourly rates set for certain classifications of work on construction projects and several other types of public work. The rates may vary from project to project. Once a project is completed, each contractor, subcontractor or public body is required to submit a Statement of Compliance that affirms prevailing wage rates were paid.

No deductions may be made from minimum wage, except those allowed for certain meals and lodging.

Beginning July 24, 2009, minimum wage is $7.25. Food Service workers waiters and waitresses, who earn at least $2.55 per hour in tips may be paid at a minimum wage rate of $4.60 per hour (watch for tip-pooling).

One and one-half times the regular hourly rate for all work over 40 hours, unless you are an "exempt" employee.

Yes. You must be compensated for all time you're required to be onsite or on duty. This includes the time spent at roll-calls, morning meetings and walking to work stations, or from the place where you put on required protective clothing.

The overtime requirement is based on hours worked in a given payroll week. Thus, time and one-half, double-time -- or any amount higher than the agreed rate -- is not required simply because the work is performed after eight hours per day or on a Saturday or Sunday. Extra pay for working weekends or nights is a matter of agreement between the employer and the employee (or the employee's representative).

Employers may not retaliate against you for asserting your rights under the Wage Act. NY law states that, no employer shall penalize any employee 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.

New York has a statutory requirement that employers and their executives pay employees promptly or risk criminal penalties�up to $20,000 in fines and one year in prison. Much like other jurisdictions, New York only imposes liability on executives who knowingly fail to pay wages or who knowingly allow their companies to do so.

At least 6 years. NY law requires those records to contain name, address, occupation, as well as amount of wages paid and hours worked.

In New York, you have 6 years to recover unpaid regular wages and overtime wages.

Neil H. Greenberg & Associates, P.C. typically works on a contingency fee basis - which means we don't get paid any attorney's fees unless there is a recovery for you. However, you are responsible for any out-of-pocket expenses incurred by a lawsuit. We at Neil H. Greenberg & Associates, P.C have a long and successful track record representing employees. We'll meet with you, discuss your case, coordinate a strategy and file a complaint. We'll work hard to get your money as quickly as possible.

If you would like to speak to Neil H. Greenberg & Associates, P.C. about becoming a client, please call us at 800.546-4752 to set up an initial consultation, free of charge. We can also be reached via email by filling out our email contact form.