Miscellaneous Questions

• Do most employers violate the laws about things like tips, “overtime,” and “minimum wage” (the wage and hour laws)?
  • The FLSA, the NYLL, and their supporting regulations require employers to follow detailed rules about things like tips, “overtime,” and “minimum wage.” These rules are often complicated, and many employers may not follow them. If an employer fails to follow these rules, the employees that work for the employer may have a right to recover money in court. See the questions about “overtime,” “minimum wage,” and “tips and gratuities” for more information.
• Call-in Pay
  • If I show up for work but don’t end up working, should I still get paid?
    • New York’s Hospitality Wage Order requires employers to make a set minimum payment to covered employees who show up for work at the employer’s request or by the employer’s permission, regardless of whether or not the employee performs any work. The minimum amount that an employer is required to pay is referred to as “call-in pay.”
    • If you have shown up for work at your employer’s request or by your employer’s permission and have not received payment for doing so, you may be entitled to recover money in court.
  • What is “call-in pay”?
    • New York’s Hospitality Wage Order requires employers to make a set minimum payment to covered employees who show up for work at the employer’s request or by the employer’s permission, regardless of whether or not the employee performs any work. The minimum amount that an employer is required to pay is referred to as “call-in pay.”
    • If you have shown up for work at your employer’s request or by your employer’s permission and have not received payment for doing so, you may be entitled to recover money in court.