Across the country and in New York City, employees seek help from attorneys, like the ones at Leeds Brown Law, PC when they think that their employers are withholding wages.
The national law that protects the legal rights of workers is known as the Fair Labor Standards Act or the FLSA, for short. The FLSA bestows the rights to receive at least the minimum wage, to earn overtime, to keep tips, and more. The FLSA isn’t the only law that addresses these things. There may be local or state laws like there are in New York City that also govern wages and hours.
Employment laws and labor laws unquestionably say that wages are the property of workers. Wage theft takes place when businesses don’t pay wages the law requires, for example, taking tips, neglecting to pay overtime or paying below minimum wage. When companies keep money like this, workers have the right to try and recover their wages.
At Leeds Brown, our attorneys have considerable experience filing unpaid wage lawsuits for workers in New York City. Thousands of people in all types of work have come to us in search of counsel. We have helped them to obtain favorable outcomes when their employers withhold or steal wages. Wage and hour regulations are violated by a lot of companies every day, sometimes with intent and at times without. When you have an understanding of your general rights to recover wages, you may be able to shield yourself from wage theft. We can counsel you on the way to get your earnings.
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 attorneys can assist you to recover your wages including overtime, back pay, tips, and spread of hours pay. Whatever wages your employer owes, we can help you recover.
Currently, the hourly minimum wage under federal law is $7.25. New York City and the NYC Metro area have substantially higher minimum wages which are on schedule to change every year through 2022. Whenever more than one rate may apply, the better one prevails.
Sometimes businesses don’t pay for each of their employees’ time, even though they are performing labor. The end result? When the time is added, their hourly rate falls well under the legal minimum. Sadly, a lot of businesses take advantage of employees who depend on their earnings to make do each day. Businesses often exploit these workers and give them far less than legal wages. Workers, almost always, should receive the minimum wage no matter how hard employers try to avoid paying them.
Laws require your employer to pay you for all the time spent doing work. Overtime is the expression used when employees devote additional time to work. All time spent doing work that surpasses 40 hours is referred to as overtime. To calculate overtime, you have to take one-and-a-half times your normal rate of pay. That amount is what you should receive for the period you work that is greater than 40 hours.
There are employers who will stop at nothing to evade their overtime responsibilities. Some businesses misclassify employees as exempt, though they are entitled to overtime due to their genuine job duties. Some others just won’t compensate for extra hours workers work voicing “factors” that have no merit. Businesses, for example, let employees work overtime and after that don’t pay. These companies use the explanation that they do not have to pay overtime unless they approve the work. Businesses may inform workers that they don’t have to pay overtime for mandatory evening training classes. Businesses can easily remove hours from their employees’ time records. They in essence just ignore any work that exceeds forty hours.
Declining to pay out overtime in these ways breaks many wage and hour rules. Workers may get many years of unpaid overtime along with other compensation from companies that are taking their earnings. Companies might be required to pay liquidated damages, civil penalties and lawyers’ fees.
Tip theft is a major issue for workers in food service and hospitality. Workers in New York City ought to know that those tips belong to them. Tips do not belong to restaurant owners or managers. Have you been instructed to be involved in unlawful tip pools which involve ineligible workers? Regularly tipped workers are the only ones who may be involved in tip pooling agreements. Including non-tipped workers in tip pools makes them invalid. For example, legitimate tip pools in restaurants can include food servers and bartenders but not dishwashers or cooks.
Tips left on charge cards are subject to deductions. In New York City, businesses may take pro-rated portions of gratuities left on cards to help cover any financial transaction fee is charged by the credit company. Technically, your money isn’t going to the employers. In reality, it is the credit card providers that will be receiving the money.
New York City has another rule that can help workers preserve their tips. For instance, when employers add services charges to bills for big parties or catered events, the presumption is that the money goes to the employees. Patrons must get specific notice if employers want to lawfully keep this money. Employers who want to lawfully keep service charges must provide clear notice to customers of their plan to do this. They have to tell diners that the funds are not for their servers. Absent proper notice, workers may keep that money as part of their wages.
Tip credits make it possible for companies to pay tipped employees a reduced cash wage in comparison to the normal hourly minimum wage. The formulation for determining pay using tip credits confuses many. It isn’t difficult to apply the figures the wrong way. What happens? Workers end up with lower income than the law requires.
Think about the many ways that businesses steal wages. Some violate the FLSA by failing to pay overtime when employees put in more than forty hours of work in a week. Sometimes, employers retain tips although tips are wages that belong to the employees who earn them. How about when your employer doesn’t pay if you work through your break or if you choose to stay late to complete something? Even minor violations of wage and hour rules can add up.
Your manager, HR team or payroll office may be able to help you remedy smaller problems you come across. Perhaps there was an accidental error or mistake. It may be possible for someone to fix the problem. Make sure you comply with whatever formal guidelines your employer has if any.
Think about talking to seasoned unpaid wage lawyers that represent clients in New York City and across the nation, if you can’t handle your wage and hour issue. Wages belong to workers. You have rights that we can help enforce. We can also help when you encounter retaliation from your employer. Your employer may not demote you, fire you or pilfer more wages as punishment for asserting your legal rights.
We have over twenty years of experience assisting workers just like you collect wages, unpaid overtime, and gratuities. Contact Leeds Brown to find out more. Figure out if you have a valid claim now. We’re at your disposal 24/7. Simply call our unpaid wage attorneys in New York City at (800) 585-4658.