Employment Law Frequently Asked Questions

Employment law questions often turn on the facts of a particular job and the law that applies. The answers below use New York examples while explaining federal protections and where rules can vary across the country. They’re general information, not a determination of anyone’s claim. If you’re facing a deadline or an active workplace problem, speak with an employment lawyer about your circumstances.

Pay and overtime

What is the Fair Labor Standards Act?

The Fair Labor Standards Act (FLSA), is the federal law that sets a minimum wage, requires overtime pay for covered nonexempt employees, regulates child labor, and requires certain wage-and-hour records. New York law can provide additional protections. Which rule applies to a particular worker depends on the job, employer, location, and the issue involved. The FLSA applies nationwide to covered employment, although state and local laws may set higher wages or offer additional remedies.

What do “covered,” “exempt,” and “nonexempt” mean in wage law?

“Covered” means a particular law applies to your employment. “Exempt” means a specific exception removes one of that law’s requirements, often its overtime requirement; it doesn’t mean you have no workplace rights. “Nonexempt” means that exception doesn’t apply. You can be covered by the federal Fair Labor Standards Act but exempt from its overtime rule, for example. Federal and state laws can also reach different results, so your job title or salary alone won’t settle which protections apply.

What is the minimum wage in New York in 2026 and 2027?

For most workers, New York’s basic minimum wage is $17 per hour in New York City, Long Island, and Westchester County, and $16 per hour elsewhere in the state. New York has announced that these general rates will stay the same for 2027. State law allows later inflation-based adjustments, but economic conditions can pause an increase, and legislation could change the schedule. Different rates or rules may apply to some workers, including home care aides and tipped employees. Check the New York Department of Labor’s current minimum wage page for the rate that applies when you read this. Outside New York, state and local rates vary.

Can I recover unpaid wages or overtime from my employer?

You may be able to seek unpaid wages or overtime if your employer failed to pay for compensable work, used the wrong rate, or treated you as exempt when the law did not allow it. The amount and available remedies depend on the applicable law and the facts. Preserve pay statements, schedules, messages, and your own record of hours, and get advice promptly because filing deadlines vary. Workers elsewhere in the country may also have claims under the FLSA or their state wage laws, but recovery periods and procedures can differ.

Can my employer make me work off the clock?

An employer generally must count work it requires or permits a covered employee to perform, even if that work happens before a shift, after clocking out, or at home. Examples may include required setup, closing duties, and work emails. Whether training or other activities count as work time depends on specific rules, and genuinely voluntary training outside work hours can be different. Keep a dated record of what you did and how long it took. This basic rule comes from federal wage law for covered employees nationwide, while state laws can add protections.

Can my employer keep my tips or share them with managers?

Employers and managers generally cannot keep employees’ tips for themselves. A lawful tip pool may distribute tips among eligible workers under the applicable rules, and a hospitality employer’s tip credit has separate notice and wage requirements. The answer can turn on the worker’s duties and how the pool operates, so retain tip statements and any written policy. The federal FLSA ban on employers, managers, and supervisors keeping employees’ tips applies nationally, and states can impose additional tip-pooling limits.

What if I am paid by the day or by the piece?

Day rate and piece rate pay do not automatically remove minimum wage or overtime protections. A covered worker may still be owed an overtime premium, and the regular rate must be calculated under the applicable rules. Daily hours and weekly totals matter, so keep records of both the work completed and time worked. The federal wage-and-hour framework applies across states to covered workers, though a state may impose a different or stronger pay rule.

Is a split day pay plan a lawful way to calculate overtime?

A pay plan that labels later hours of an ordinary day as “overtime” may underpay a worker if it artificially lowers the regular hourly rate or fails to pay the required premium for hours over the legal weekly threshold. The actual agreement and calculation matter. A wage review can compare pay stubs with the hours worked each week. The concern is not limited to New York; federal overtime calculations also turn on the real regular rate and hours in the workweek.

Job classification and exemptions

Do salaried employees get overtime pay in New York?

Yes, some salaried employees qualify for overtime. Salary alone does not establish an exemption. The worker’s actual duties, pay basis, applicable salary threshold, and the relevant federal and New York rules must be considered together. A title such as “manager” does not settle the issue. The same misconception arises nationally. The FLSA sets a federal baseline, and some states use different salary thresholds or overtime rules.

How do I know if I am exempt or nonexempt from overtime?

Start with the work you actually do, how you are paid, and whether a specific exemption applies. The common executive, administrative, and professional exemptions are based on assigned duties, and some require a minimum salary; other occupations have different rules. In 2026, New York’s executive and administrative salary thresholds are $1,275 per week in New York City, Long Island, and Westchester, and $1,199.10 elsewhere. Federal enforcement currently uses $684 per week for the standard federal exemption. Meeting a salary threshold alone does not make someone exempt. In another state, check that state’s exemption rules as well as the federal test rather than applying New York’s salary figures to your job.

Does a manager title make me exempt from overtime?

No. A manager title or a change from hourly pay to salary does not, by itself, remove overtime protection. The executive exemption considers actual management duties, supervision, and meaningful input into personnel decisions, alongside applicable pay requirements. Someone who mainly performs the same frontline tasks as other workers may need a closer classification review.

Am I an independent contractor just because I signed an agreement or received a 1099?

No. A contract label or tax form does not conclusively decide whether you’re an employee under wage laws. The degree of control, the nature of the work, your economic relationship with the business, and other factors may matter, and different laws use different tests. Misclassification can affect minimum-wage and overtime protections, among other rights. This is a nationwide issue, but the legal test can change depending on whether the question concerns federal wages, a state wage law, unemployment insurance, or another program.

What happens if my job is reclassified?

A change in title or classification does not decide whether your earlier pay was lawful. If your actual duties and pay did not satisfy an exemption during a prior period, you may have a claim for unpaid overtime, subject to the governing law and time limits. Save earlier job descriptions, pay records, and messages describing your duties.

Termination and retaliation

Can my employer fire me for no reason in New York?

New York generally follows employment at will, so an employer can often end an employment relationship without giving a reason. That does not permit termination for an unlawful reason, such as discrimination or protected retaliation, or in violation of an enforceable contract or other specific protection. The timing and stated reason are useful facts, but neither alone proves a claim. Most states also recognize some form of employment at will, but exceptions and contract rules vary by jurisdiction.

What qualifies as wrongful termination in New York?

Wrongful termination may arise when a firing violates a law, a protected right, or an enforceable agreement. Examples can include termination because of a protected characteristic, a legally protected complaint, or certain whistleblowing. An unfair, abrupt, or poorly explained firing is not automatically unlawful; the legal basis and evidence matter. Federal anti-discrimination and retaliation laws can protect workers across the country, while state laws may recognize additional claims or different remedies.

Can my employer fire me for reporting unpaid wages, discrimination, or harassment?

An employer may not lawfully punish a worker for engaging in activity protected by applicable wage, discrimination, or other employment law. Protection can include certain good faith complaints to an employer or agency and participation in an investigation. Coverage and proof vary by claim, so keep the complaint, response, performance records, and timeline.

What counts as workplace retaliation?

Retaliation can include firing, demotion, reduced hours, undesirable assignments, threats, or other materially adverse treatment because a worker asserted a protected right. A negative change following a complaint raises a question, but timing alone does not establish why it happened. The type of complaint, employer response, and supporting records are important. Federal protections apply to many workers nationwide, and state laws may cover additional complaints or employers.

Discrimination and harassment

Can I bring a claim for workplace discrimination?

You may have a claim if an employer treated you adversely because of a characteristic such as race, gender, sexual orientation, etc., protected by an applicable federal, state, or local law. Those laws differ in coverage, employer size, procedures, and deadlines. Pay decisions, promotion denials, harassment, or termination may be relevant, but unequal treatment alone does not establish unlawful discrimination without the required legal connection. Federal discrimination laws provide a nationwide baseline for covered employers while state and local laws may protect more workers or characteristics.

What should I do if I am being sexually harassed at work?

Document incidents promptly, including dates, witnesses, messages, and any effect on your work. Review the employer’s reporting policy and consider reporting through an available channel. Seek legal advice early if reporting feels unsafe or the conduct continues. Sexual harassment claims are fact specific, and the steps needed to protect your rights can vary with the law and circumstances. Federal law may apply across states, while local reporting options, coverage, and filing deadlines differ.

Severance and agreements

Am I legally entitled to severance pay in New York?

New York law generally does not require severance pay simply because a job ends. An employment contract, policy, collective bargaining agreement, or a particular employer commitment may create a right to payment. Eligibility can depend on the exact wording and whether required conditions are met. Federal law generally doesn’t require routine severance pay either, although a contract, plan, or a specific law may change the result in any state.

Should I sign a severance agreement after being fired?

Read the agreement and its deadline before signing, and consider having counsel review it. It may offer pay or benefits in exchange for a release of claims and may contain confidentiality, cooperation, or other obligations. Some releases are subject to special legal rules, and the value of the offer depends on your potential claims and the terms as a whole.

Claims and evidence

How long do I have to file an employment law claim?

There is no single deadline for all employment claims. The time limit depends on the law, claim, forum, and sometimes the date of each event. For many covered federal discrimination claims in New York, the EEOC charge period is generally 300 days, but other deadlines and procedures may differ. Contact an attorney or the appropriate agency promptly rather than assuming that one deadline applies to every option. For federal EEOC charges elsewhere, the general period is often 180 days, extended to 300 days when an applicable state or local agency enforces a law on the same basis; special rules can alter the calculation.

What evidence should I save if I think my employer broke employment laws?

Save records you lawfully possess that show what happened: pay statements, schedules, time records, job descriptions, agreements, emails or messages, complaint records, and a dated account of events and witnesses. Keep copies in a secure personal location. Avoid taking privileged material, other employees’ confidential information, or documents you are not authorized to access.

Do I have to quit my job before speaking with an employment lawyer?

No. You can seek advice while you still work for the employer, and early advice may help you understand deadlines, documentation, and available choices. Whether to resign is a separate, fact specific decision since leaving can affect pay, benefits, and legal claims.

Speak with an employment lawyer

If you have questions about your pay, classification, treatment at work, or the end of your employment, contact Fitapelli & Schaffer, LLP for a free consultation. Bring the records you have and explain any approaching deadline. Call (212) 300-0375 or use the contact form.