Employees who believe that their employers are withholding pay seek the help of lawyers in New York City like the ones at Leeds Brown Law, PC.
Workers receive numerous benefits under laws like the federal Fair Labor Standards Act, commonly referred to as the FLSA. The FLSA covers things such as the lawful minimum wage and overtime rules. New York City and other states and cities likewise have laws relating to wages and hours that often broaden the legal rights the FLSA provides.
Wages belong to workers. Labor laws and employment laws are extremely clear about this. Because wages belong to workers, when companies keep them, it is theft. Employees may attempt to recover their unpaid wages.
Attorneys at Leeds Brown have significant experience advising New York City employees who would like to file unpaid wage lawsuits. Our firm has assisted thousands of hard-working individuals like you. We have helped victims of wage theft get positive results when their employees keep their wages. Wage and hour regulations are disregarded by many companies every single day, at times with intention and sometimes without. Understanding your rights under the law may help you protect them. We can give you advice about filing your claim for unpaid wages. Our attorneys at Leeds Brown can help you, and your co-workers collect gratuities, back pay, overtime, minimum wage and other compensation owed by your employer.
The federal minimum wage is presently $7.25 per hour. New York City and Long Island have considerably higher minimum wages that are on schedule to increase yearly through 2022. In any given situation, it is the higher applicable rate that prevails.
Sometimes, employees don’t get compensated for all of their time. The end results? When the work-time is added in, their hourly rate falls well below the lawful minimum. Employers often rely on workers’ readiness to take whatever they can get and pay them well under the lawful rate. You should get compensated for all of your time. You should be getting paid at the very least the legal minimum wage. If you are not, get support.
You have to get paid for all the time you engage in work for your employer. When workers work in excess of forty hours in one week, those hours are called overtime. Whenever non-exempt workers work overtime, companies must pay at the very least one-and-a-half times their regular rate of wages for the excess hours.
Since overtime costs companies’ money, many will stop at nothing to not pay for it. Misclassification of eligible employees as exempt is one-way companies attempt to do this. Others just will not pay for additional periods workers work citing “reasons” that have no merit. Employers, for instance, let employees work overtime and after that refuse to pay. These employers use the defense that they do not have to pay overtime except in cases where they approve the work. Many businesses also refuse to compensate employees for activities that require compulsory participation, such as instruction or meetings. Shaving hours is yet another way in which workers avoid fulfilling their overtime responsibilities. They just don’t take into consideration work that is in excess of forty hours.
It’s illegal to decline to pay overtime to eligible employees. What are the results when companies are accountable for violating wage and hour laws? They may have to reimburse their workers for several years of unpaid overtime as well as other money. Employers may also owe liquidated damages, lawyers’ fees, and civil penalties.
Taking gratuities is wage theft and causes substantial problems for workers in food service and hotel industries. Workers in New York City ought to know that those gratuities belong to them. Do not let proprietors or managers of the business where you work take your tips. Gratuities don’t belong to them.
Tip pools aren’t unusual in restaurants. However, some businesses try to create unlawful ones. These tip pools typically have ineligible participants. The only workers legally allowed to take part in tip pools are the ones who routinely get gratuities. Non-tipped staff such as chefs, line cooks, and dishwashers may not participate in any tip pools with tipped workers like waiters and bartenders.
When customers charge tips, employers in New York City are permitted to deduct a portion of any finance charges the financing companies inflict. For instance, when Visa charges 2% to process transactions, employers can take 2% from any of your gratuities put on credit cards. Officially, the amount of money is not going to the employers. Actually, the money is going to the charge card companies who charge the fee.
There are more rights for hospitality and restaurant employees that are unique to New York City. Have you been out with many people and your bill says, “service charge included?” Who gets that money? In New York City that money is presumed to be for the employees who served you. Only when employers supply explicit notice to customers, may they retain these service fees. Owners must tell their customers that the funds are not for the food servers. If companies do not provide the correct notice, workers may have the right to collect this money.
Tipped workers may also be subject to the application of tip credits which results in a smaller cash hourly wage as compared to that which is typical. Employers may be confused by how to utilize and compute tip credits. Regrettably, workers are the ones that lose, being given less wages than their employers are required to pay.
Companies that underpay their workers do this in lots of ways. Many won’t pay workers overtime, which goes against the FLSA. In other instances, employers keep gratuities, despite the fact that gratuities are wages owed to the employees who are earning them. Companies may also refuse to pay for the fifteen minutes you have to spend on the property getting yourself ready for work. With time, small withholdings of your legal earnings may add up to considerable monetary losses.
Your payroll office, human resources representative or manager may be able to answer questions you have about small pay issues. You cannot assume all irregularities are caused by malicious intentions. It is possible that innocent oversight or paperwork errors caused your problem. It might be possible for someone to take care of the problem easily. If there are official company procedures you need to adhere to, make sure you do so.
If you cannot take care of your problem, call Leeds Brown, wage and hour attorneys helping people file unpaid wage claims throughout the country including New York City. Your wages should be in your pocket. We can help you to get them.
We can also help in case your employer retaliates against you when you want to enforce those legal rights. Your employer cannot threaten you, fire you or steal additional wages as punishment.
Unpaid overtime, minimum wage, and tip theft claims need practical experience behind them, and we have many years of it. Contact Leeds Brown to receive additional information about how we can help. Discover today if you have legal claims against your employer. We are available 24/7. Contact our unpaid wage attorneys in New York City at 1-800-585-4658.