Attorneys, like the ones at Leeds Brown Law, PC, help workers in Queens, the New York City metropolitan area and across America when employers are withholding their pay.
The Fair Labor Standards Act (FLSA) is the national law that protects the rights of employees. The FLSA addresses things like the lawful minimum wage and overtime rules. States, cities, counties and boroughs may also have laws governing wages and hours. They frequently broaden the rights the FLSA provides. Queens employers, for example, may covered by federal law, state law, and New York City law.
Employment laws and labor laws do not equivocate; wages are the property of employees. Companies that steal tips, don’t pay overtime or hold back income from employees, may be accountable for wage theft. After all, they’re stealing money that belongs to you.
Our lawyers at Leeds Brown have substantial experience handling unpaid wage claims for employees in Queens. We have represented thousands of hard working individuals. We have helped victims of wage theft achieve good results when their employers withhold their wages.
Wage and hour regulations are disregarded by many companies on a daily basis, at times with intent and at times without. By simply becoming familiar with your general legal rights, you may be able to protect yourself from wage theft. We can counsel you about your unpaid wage claim. Whenever your employer refuses to pay you for overtime work or steals your tips, our attorneys may help you collect these and other earnings your employer owes.
The federal minimum wage is presently $7.25 an hour. Our hourly minimum wage in Queens and NYC is a lot higher than $7.25. The minimum wage is expected to increase in steps through 2022. In any given situation, it’s the greater applicable rate that prevails.
Sometimes, companies don’t pay employees for their work hours. When this happens, it can cause the hourly rate of pay to dip below the minimum wage. There are of course instances when employers use a “take it or leave it attitude” and pay what they want. They rely on workers needing their jobs and taking anything they get. Minimum wage is your right. Getting compensated for your labor is your legal right. Don’t let your employer pay you below the amount minimum wage laws call for.
Businesses are required to pay workers for the time they spend engaging in work. Employees who work in excess of 40 hours per week are said to be working overtime. When non-exempt employees work overtime, employers have to pay at the very least one-and-a-half times their standard amount of pay for the extra time.
Employers will go to the ends of the earth to avoid paying overtime to their employees. Misclassification of workers as exempt under one of the narrow FLSA exceptions is one way they do this. Some others just refuse to pay for additional hours employees work citing “explanations” that have no merit. For example, employers may say that they didn’t give approval to work overtime and, therefore, are not obligated to pay. Several businesses claim that they do not need to pay for mandatory instruction or meetings. There are even companies who simply don’t count several of the hours their workers work. This is what’s called shaving time.
Employers who don’t pay overtime to eligible employees who work over forty hours are violating federal and state laws. Companies who are determined to be in breach of wage and hour laws often have to pay workers for many years of non-payment of overtime and perhaps other wages also. Businesses may be required to pay liquidated damages, civil penalty fines, and attorneys’ fees.
Tip theft causes substantial problems for hospitality and food service workers. Gratuities belong to workers who work hard for them. In Queens, gratuities are a component of workers’ wages. No owner or manager of a restaurant or pub may keep tips for themselves.
Tip pools aren’t unusual in restaurants. However, businesses try to create unlawful ones. These tip pools ordinarily have ineligible members. Remember, tip pools can only be lawful when every worker taking part is one who “regularly receives” tips. For example, legitimate tip pools in eating establishments can include food servers and bartenders but not dishwashers or cooks.
Tips left on credit cards are subject to deductions. In Queens, businesses may take pro-rated portions of gratuities left on charge cards to help cover whatever transaction fee is imposed by the credit company. Officially, your money is not going to the employers. It’s actually going to the card issuers.
Helping employees keep gratuities is just one of Queens’s main concerns. “Service charges” that show up on your check are automatically believed to be for the employees, not the employers. Employers can keep service fees only if they clearly tell patrons. Employers must tell customers specifically that the funds are not for gratuities. Absent sufficient notice, employees should keep that money as part of their wages.
Businesses may also utilize a tip credit to pay workers the tipped minimum wage as opposed to the regular one. Misapplying tip credits is prevalent because the guidelines surrounding them are complex. The outcome is people receiving less pay than the regulations call for.
Consider the countless methods companies use to underpay their employees. Some, take action in blatant disregard for the rules, such as the FLSA overtime rules. Other times, businesses retain tips for themselves or pressure tipped workers to share them with ineligible kitchen workers. What about if your employer doesn’t pay when you work through your break or when you choose to stay late to accomplish something? Wages are yours. Any wages your employer illegitimately withholds is way too much.
Your employer might be able to help you if there are minor issues with your wages. Not all problems are due to wicked motives. It is quite possible that innocent oversight or paperwork errors triggered your issue. There might be a quick fix. If your employer has formalized procedures you have to follow to solve your problem, adhere to them.
If your problem remains, speak with Leeds Brown, experienced lawyers in Queens, helping people file unpaid wage lawsuits. We’re able to help whenever you must uphold your legal rights to collect the pay your employer owes. We can also help in case your employer retaliates against you when you are trying to enforce those rights. Your employer is prohibited from firing, demoting, or threatening you for asserting your rights.
When you need help navigating unpaid wage, unpaid overtime, and tip-theft claims, we’ve got decades of experience behind us. Call Leeds Brown if you want to know more about collecting the pay your employer owes. Find out if you have a valid lawsuit today. You may reach our unpaid wage lawyers helping clients in Queens at 1-800-555-4658 24/7.