In Melville, the New York City metropolitan area and throughout New York State, employees seek assistance from attorneys, like the ones at Leeds Brown Law, PC when they suspect their employers are withholding pay.
The rights of workers are protected by the Fair Labor Standards Act (FLSA) which is one of several federal labor laws. Employees have the right to a minimum wage, tips, and overtime largely because of the FLSA. States like New York, can have laws and regulations that also control the wages and hours of employees, sometimes expanding the legal rights of workers.
Employees earn their wages. Wages are their property according to labor and employment laws. Because wages are the property of employees, when employers withhold them, it is theft. Employees may try to collect their unpaid wages.
Our lawyers at Leeds Brown have extensive experience handling unpaid wage lawsuits for employees in Melville. Our firm has assisted thousands of hard-working individuals like you. Our aim is to obtain positive outcomes for workers who are victims of wage theft. Violations of wage and hour laws are way too commonplace. If you understand your fundamental rights to recover wages, you might be able to protect yourself from wage theft. We are able to counsel you on how to obtain your wages.
The unpaid wage lawyers New York Unpaid Wage and Overtime Lawyers at Leeds Brown Law, P.C. are standing by to take your call. Our lawyers can help you collect the overdue wages your employer owes you. We might even be able to assist your co-workers if wage theft is widespread.
The national minimum wage is $7.25 per hour. Melville, in New York State, has a better minimum wage compared to FLSA. The statewide rates are due to change every year through 2022. In a given situation, it’s the higher applicable rate that prevails.
There are times when employers don’t pay for all of their workers’ work-time, even though they are performing work. The end results? When the work-time is added, their hourly rate falls well below the lawful minimum. Businesses also pay lower hourly rates and believe they will not get caught. In any event, employees are legally entitled to receive the total amount of minimum wage for the time spent performing work.
You should be compensated for just about every minute you spend doing work. Hours worked in excess of forty are classified as overtime. The overtime rate of pay is 1 1/2 times the standard amount of pay. Non-exempt workers must get this premium for all overtime hours.
Although the rules call for overtime compensation, many companies will do anything to avoid paying it. Misclassification of qualified workers as exempt is one way companies attempt to do this. Some others simply refuse to pay for extra periods employees work, voicing “factors” that have absolutely no merit. Employers frequently tell employees that they do not have to pay overtime since they never gave the authorization to work overtime. Some companies do not pay employees for things that require compulsory presence, like instruction or meetings. Not counting all of the employees’ work time is a form of shaving time. This is another way employees cheat employees out of overtime wages.
Failing to pay employees overtime violates laws. Businesses may have to reimburse employees for all their unpaid overtime together with other money. In some instances, employers might have to pay, liquidated damages, attorneys’ fees and civil penalties.
Tip theft is a significant problem for workers in food service, catering, hotels, and hospitality jobs. Workers in Melville ought to know that those gratuities belong to them. Do not let proprietors or managers of the establishment where you work take your tips. Tips don’t belong to them. Have you been instructed to participate in unlawful tip pools which involve ineligible employees? Tip pools are legitimate if the participants are all workers who get at the very least $30.00 a month in tips. Workers who don’t receive tips may not participate in tip pools. Tip pools in eateries usually include waiters and waitresses. They may not include employees who work in the kitchen area.
Gratuities left on charge cards are subjected to deductions. In Melville and the rest of New York State, businesses may take pro-rated portions of tips left on credit cards to help take care of whatever financial transaction fee is charged by the credit company. The money taken from tips in these circumstances isn’t going to the employers. The charge card companies should be receiving the money.
New York has another law that can help workers preserve their tips. There is a presumption that all service charges included with catering, hospitality or food service bills are the property of employees, not the restaurant owners. Owners may retain this money as long as they’ve given patrons explicit notice. Owners have to tell the customers that the charges are not tips to be distributed to the employees, but that this money is going to be kept by the business. Absent proper notification to patrons, businesses might have to turn that money over to their workers.
Additionally, there are tip-credit rules that permit employers to pay tipped employees less than the regular minimum wage for their hourly rate. The formula for determining pay by using tip credits confuses many. It isn’t difficult to use the numbers the wrong way. The outcome is wage theft: employers retaining wages from the employees who have earned them.
You can find unlimited ways in which businesses underpay employees. At times they blatantly violate the overtime requirements of the FLSA. In other cases, employers do not turn over tips which are legally a part of their workers’ earnings. Companies may also decline to pay for the time you must spend on the premises getting yourself ready for work. Even minimal wage violations cost you money. No amount of pay theft should be acceptable.
Consider trying to correct small problems by speaking to your manager, human resources or payroll division. Your alleged problem may be the consequence of office error or simple oversight. In that case, there might be a simple solution for you. You need to follow the formalized processes your employer has, if any.
If you can’t take care of the issue, get in touch with Leeds Brown, wage and hour lawyers helping people file unpaid wage lawsuits throughout the New York City region, and Long Island, including Melville. You have legal rights to the dollars you make, and we can help you uphold them. If your employer retaliates against you because of your unpaid wage lawsuit, we may also help with this. You cannot be demoted, fired or in any manner disciplined for working to get your wages.
We have decades of practical experience protecting employees’ rights in unpaid wage, unpaid overtime, and tip-theft claims. Contact us today to learn more. Find out whether you may file an unpaid wage lawsuit against your employer. Call (800) 585-4658 now and speak to unpaid wage attorneys representing workers in Melville.