Legal Overview
Understanding the legal basis for potential claims by NYS DEC seasonal caretakers
Federal Law (FLSA)
The Fair Labor Standards Act (FLSA) requires employers to pay overtime (1.5x regular rate) for hours worked over 40 per week.
On-Premises On-Call Time
When employees are required to remain on the employer's premises, that time is generally considered "hours worked" and must be compensated, even if the employee is not actively performing work duties.
- Time spent on employer premises is typically compensable
- Restrictions on personal activities may indicate work time
- 24/7 on-site requirements likely constitute hours worked
- Overtime applies to all hours over 40 per week
New York Labor Law
New York has additional protections beyond federal law, including enhanced remedies for wage violations.
Enhanced Remedies
- Liquidated Damages: Up to 100% of unpaid wages
- Statutory Interest: 9% annual interest on unpaid amounts
- Attorney Fees: Prevailing plaintiffs can recover legal costs
- Class Actions: Collective action procedures available
Union & Contract Issues
Collective bargaining agreements and union representation may affect wage claims.
Key Considerations
- Union contracts may have specific overtime provisions
- Grievance procedures may be required before legal action
- Union representation rights in wage disputes
- Potential conflicts between contract terms and legal requirements
Potential Remedies
Available Relief
- Unpaid Overtime: 1.5x regular rate for hours over 40
- Liquidated Damages: Additional 100% of unpaid wages
- Interest: 9% annual interest on unpaid amounts
- Attorney Fees: Legal costs and expenses
- Injunctive Relief: Court orders to stop violations
What to Save
Documentation is crucial for wage claims. Save everything related to your work requirements and compensation.
Important Documents
- Schedules: Work schedules and shift assignments
- Timesheets: Any time tracking records
- Pay Stubs: Wage statements and payment records
- Directives: Written requirements about on-site time
- Communications: Emails, texts, memos about work requirements
- Contracts: Employment agreements and union contracts
- Photos/Notes: Evidence of on-site requirements
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