Press-Republican

Opinion

December 21, 2010

EDITORIAL: New protections for employees

It's hard to believe that in this day and age some employers still try to snooker their workers when it comes to payroll issues, especially low-wage earners who can ill afford to lose any amount of their pay. Some employers withhold employees' wages, don't pay overtime and generally don't pay them what they're expected to be paid.

Gov. David Paterson last week signed into law a measure that will ensure workers are paid what they're legally entitled to. It's long overdue to protect New York state workers who have suffered less pay and benefits, who most often don't report violations for fear of getting fired. It takes effect in April.

The law will allow the courts and the Labor Department to force employers to pay back wages plus an equal amount in damages. Also, it expands some existing statutes, including provisions dealing with employer retaliation against workers who file complaints about them.

And it permits third-party complaints and adds threats to the list of illegal retaliatory measures by employers or others. It adds officers of limited-liability companies and partnerships to the list of employers who can be punished.

Further, initial worker notices will be required in writing at the time of hire describing the pay basis, whether hourly, daily, weekly, by piece, commission or salary; allowances such as tips, meals or lodging.

Besides remuneration, violations of the law can result in public notices posted at businesses for 90 days.

Some retail groups say the additional reporting requirements are burdensome, especially to small businesses. Perhaps so, but the underlying issue of a worker's pay trumps the added process to ensure an employee is paid what he or she signed on for.

The National Employment Law Project, in a sampling of New York City low-wage earners, found that 21 percent were paid less than the legally required minimum wage in the previous week. Seventy-seven percent of those who worked more than 40 hours the previous week said they weren't paid proper overtime and 55 percent didn't receive required documentation of their earnings and deductions the previous week.

The group estimated New York City employers shortchange more than 300,000 workers about $18 million weekly. That's not chump change.

The state Labor Department reported recovering and disbursing a record $28.8 million to nearly 18,000 people whose wages were illegally underpaid last year.

And it's not just the Big Apple's problem. The Labor Department found a lot of violations in car washes, restaurants, grocery-store delivery workers. It has also seen violations in manufacturing, especially in low-wage industries.

Workers around the state will soon have the protections of a day's pay for a day's work.

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