Division of Labor Standards Background

The Division of Labor Standards enforces New York State Labor Laws concerning minimum wage, hours of work, child labor, payment of wages and wage supplements, industrial homework, apparel industry registration and farm labor. It also administers the Employment Agency Law (Article 11 of the General Business Law) outside New York City. The Division functions in the following areas:

· Minimum Wage: Enforces the New York State Minimum Wage Act, including four minimum wage orders and the Minimum Wage standards for Farm Workers. These laws, with specified exceptions, apply to all workers in the State, including those subject to the Federal Fair Labor Standards Act

· Unpaid or Withheld Wages: Investigates and endeavors to collect claims for unpaid or withheld wages including illegal deductions. Also enforces the prohibition against illegal kickback of wages and tip appropriation

· Wage Supplements or Fringe Benefits: Investigates and endeavors to collect claims for unpaid benefits or wage supplements, that the employer has agreed to provide, as well as claims for withheld employer contributions to benefit funds. Wage supplements include vacation or holiday pay, paid sick leave, reimbursement of expenses, and other similar items

· Employment of Minors: Enforces the statutes governing maximum and prohibited hours of work for minors and the type of work permitted for minors. Inspects establishments to ensure that minors under 18 years of age have proper employment certificates (also referred to as Working Papers)

· Day of Rest and Meal Periods: Enforces day of rest regulations, where applicable, and the meal periods required for all workers

· Farm Labor: Enforces minimum wage standards. After investigation, issues certificates of registration to migrant farm labor contractors, growers and food processors that bring migrant farm labor into the State. Enforces compliance with the conditions set forth in the registration. Also issues permits to labor camp commissaries

· Industrial Homework: Enforces the restrictions on industrial homework set forth in the Industrial Homework Law and the Homework Orders. Issues permits for limited distribution of industrial homework, where authorized, together with certificates to eligible home workers.