Attorneys in Garden City, like the ones at Leeds Brown Law, PC, assist workers here and across the country when employers are withholding wages.
Workers receive protection from laws like the Fair Labor Standards Act (FLSA) which is one of many federal laws. The FLSA gives employees, among other things, the rights to receive a minimum wage, overtime, and to keep their tips. Towns like Garden City are in areas that have additional laws that cover wages and hours. These laws are often broader than the FLSA and give more benefits to workers.
Employees earn their wages. Wages are their property as outlined by labor and employment laws. Whenever employers don’t pay lawful wages, such as not paying overtime or the minimum wage, it is theft, and you may have the right to recover those funds.
Workers in Garden City who would like attorneys with practical experience to help file their unpaid wage claims look no farther than Leeds Brown. Thousands men and women in all fields of work have come to us looking for counsel. We’ve helped them fight to collect their earnings when their employers withhold wages.
Wage and hour laws and regulations are disregarded way too often. If you understand your fundamental rights to recover wages, you might be able to shield yourself from wage theft. We can give you advice on how to get your earnings. Our lawyers at Leeds Brown can assist you to collect your pay including overtime, back pay, gratuities, and distribution of hours pay. Whatever wages your employer owes, we can help recover.
The hourly minimum wage under national law is $7.25. As stated previously, cities and states can have regulations that supplement but don’t restrict the rights bestowed by the FLSA. Garden City and all of Long Island have minimum wage rates that are higher than those in the FLSA. They are due to increase every year through 2022. Whenever state and national laws apply, and even city, the better minimum wage prevails.
Sometimes, businesses do not pay workers for their time. When this occurs, it may cause the hourly rate of pay to plunge below the minimum wage. Paying employees below the minimum wage is something that many businesses do in spite of it being illegal. Employees should receive minimum wages and other earnings for each and every moment they spend working. When they don’t, they may be able to collect that money through legal channels.
You must be paid for just about every minute you spend doing work. Hours worked in excess of 40 are classified as overtime. Overtime work receives a special rate of pay at the amount of one-and-a-half times the standard amount of pay. Non-exempt workers, which are most, should get overtime pay.
Although the regulations mandate overtime pay, many companies will do just about anything to get around paying it. Since some salaried managers, administrators, professionals, and executives are exempt from getting overtime, many employers try and put workers in these classifications. However, many exempt workers are in fact misclassified and should really be getting paid overtime.
Some other employers just do not compensate for additional hours employees work citing “reasons” that have no merit. Numerous companies tell their employees (after the fact) that they won’t get paid for overtime because they required pre-authorization to work the excess hours. Some businesses declare that they do not need to pay for obligatory training or meetings. No matter how many hours employees spend carrying out work, some businesses find reasons to “reduce hours” so that they don’t exceed 40.
Employers that don’t pay overtime to qualified workers who work over 40 hours are violating federal and state laws and regulations. Responsible employers often have to pay workers extra damages, together with unpaid wages. Businesses may also owe liquidated damages, lawyers’ fees, and civil fees and penalties.
For many who work as food servers, tip theft leads to significant problems. Tips are wages in Garden City and belong to employees. Proprietors, managers, and other executives for a restaurant, hotel or pub may not take tips from the workers who are earning them. They aren’t legitimately entitled to any tips.
Tip pools aren’t unusual in restaurants. However, businesses attempt to create illegitimate ones. These tip pools ordinarily have ineligible participants. Keep in mind; tip pools can only be lawful when every employee participating is one who “regularly receives” gratuities. Employers may not, for instance, force workers to make a tip pool that includes cooks and dishwashers with waiters and waitresses..
The rule in Garden City is that employers may deduct part of the transaction fees charged by credit card providers when customers give tips in this manner. They must pro-rate the cost. For example, employers may take 3% of your tip if the credit card company charges 3% for the financial transaction. This money is not going to the employers. They should be giving it to the credit card companies.
Hospitality workers benefit from another rule here in Garden City. There is a presumption in Garden City that whenever restaurants or catering halls add service charges to bills that the funds are for the workers. Specific notice must be provided to patrons before the business owners are permitted to pocket service fees. Employers who would like to lawfully keep service charges must give clear notice to diners of their plan to do so. They have to convey to diners that the money is not for their waiters. When employers don’t provide proper notice, they may have to give that money to the employees who serviced the customers.
Employers may also use a tip credit to pay employees the tipped minimum wage as opposed to the standard one. Businesses can be confused by precisely how to apply and compute tip credits. What happens? Workers get lower pay than the law requires.
You can find endless ways that companies underpay workers. In some cases, they blatantly abuse the overtime rules of the FLSA. In other cases, businesses keep gratuities for themselves or compel tipped employees to share them with ineligible kitchen employees. What if your employer fails to pay when you work through your break or if you stay later to accomplish something? You should get wages for all of your work time. Even minimal problems, intentional or not, may add up to a significant loss.
If you think you have minor pay problems, make an effort to address them by meeting with a person at your place of employment. Try the human resources office, payroll office or your supervisor. Don’t assume all problems develop from bad motives. It is quite possible that simple oversight or office mistakes generated your problem. In that case, there may be an easy fix for you. Make sure that if your employer has formalized policies to follow, that you make every effort to adhere to them.
Consider calling experienced unpaid wage attorneys that represent clients in Garden City, the New York metropolitan area and across the nation, if you cannot take care of your wage and hour problem. We are able to help when you must enforce your legal rights to collect the pay your employer owes. We can also help in the event that your employer retaliates against you because you want to uphold those legal rights. Your employer can’t demote you, fire you or steal even more wages as punishment for asserting your legal rights.
We’re seasoned at helping employees defend their rights in claims for unpaid wages, overtime, and tips. Call Leeds Brown today if you would like to know more. Find out if you have a viable claim now. We’re at your disposal 24/7. Simply call our unpaid wage attorneys in Garden City at 1-800-585-4658.