Businesses in New York sometimes offer benefits and supplemental forms of income in addition to base pay. Workers are sometimes unsure of their rights and may fail to properly assert themselves when employers do not uphold their promises related to wages and supplemental pay. There are actually several forms of supplemental pay that some companies may try to deny workers, especially when the worker leaves their job or faces termination.
What forms of supplemental pay might sometimes warrant the pursuit of a wage claim against an employer that refuses to honor promises made in an employment contract?
Paid leave benefits
There are several types of paid leave that employers offer workers. They may offer generic paid time off (PTO) benefits or a combination of vacation leave and sick leave. Regardless of what exact system the company uses, the workers should receive appropriate payment when they request paid leave. They should also receive any accrued supplemental pay when they leave a job.
Holiday pay
If workers must perform their standard job functions on federal holidays, they have a right to receive standard pay for time worked. Contracts may promise additional wages in some cases. Many employers make contractual promises to their workers to provide standard daily wages for federal holidays even when workers have the day off of work. Particularly in scenarios where workers rely on getting 40 hours a week to balance their budgets, receiving holiday pay in their checks as they should can be of the utmost importance for their household financial stability.
Performance-based bonuses
Employment contracts sometimes outline scenarios in which workers may receive bonuses. Bonuses may be available if they reach a certain sales metric for the year or avoid taking any sick leave. Provided that the worker does meet the standard included in the contract, the company cannot simply cancel the planned bonuses for the year or the quarter without violating the contractual agreement it has with its employees. Economic downturns or other concerns about the employee do not justify denying contractual bonuses.
Refusing to provide contractual supplemental pay can cause damage to workers who have every reason to expect the pay outlined in a contract that they signed. Pursuing a wage claim can be a reasonable response to a business refusing to uphold its employment contracts and supplemental pay promises.