Employees in Staten Island and across the country seek help from attorneys, like the ones at Leeds Brown Law, PC, when they suspect their employers are withholding wages.
The Fair Labor Standards Act, also known as the FLSA for short, helps to protect the rights of workers. The FLSA gives employees, among other things, the legal rights to earn minimum wages, overtime, and to retain their tips. The FLSA doesn’t forbid states or local governments from also passing laws governing wages and hours. Frequently, state laws broaden the legal rights of employees. However, they must not conflict with the FLSA.
Wages are the property of workers. This is very clearly stated in employment and labor laws. When companies don’t pay overtime, take tips or otherwise commit wage theft, it is possible to collect the money that rightfully belongs in your pocket.
Filing lawsuits to recover unpaid wages calls for the help of experienced attorneys. Our Staten Island attorneys at Leeds Brown provide the help employees need. We have represented thousands of people who have worked hard and just want their legal earnings. Our goal is to secure favorable results for employees who are victims of wage theft.
Wage and hour laws are violated by a lot of employers on a daily basis, sometimes with purpose and sometimes without. Understanding your rights can help you protect them. We can counsel you regarding how to move forward with your unpaid wage claim. Lawyers at Leeds Brown may help you recover gratuities, overtime, and back pay your employer owes you as well as your co-workers.
The national minimum wage is presently $7.25 an hour. As mentioned earlier, cities and states can have regulations that supplement but don’t limit the legal rights granted by the FLSA. Staten Island , as part of New York City, has established minimum wage rates that are higher than those in the FLSA. They are due to go up every year through 2022. In a given situation, it is the greater applicable rate that prevails.
At times, however, employers may refuse to pay workers for all hours they work. When this happens, it can cause the hourly rate of pay to dip beneath the minimum wage. Employees in many cases are pushed to accept less than minimum wage because their employers know they would like to retain their jobs. In any event, workers are lawfully entitled to get the full amount of minimum wage for hours spent doing work.
Businesses are required to pay workers for all of the time they spend doing work. Overtime is the term used when employees put in additional time on the job. All time spent carrying out work that surpasses 40 hours is called overtime. All non-exempt workers who work overtime must get overtime wages at the rate of one-and-a-half times their normal rate of pay.
Overtime pay can certainly put financial pressure on companies, and some will do almost anything to not pay workers this premium. What are some ways they avoid overtime pay?
Neglecting to pay overtime when workers put in more than 40 hours is unlawful. Guilty employers frequently have to pay employees additional money, together with their unpaid wages. Additional compensation may include attorneys’ fees. Businesses might have to pay civil penalties too.
Theft of gratuities is problematic for a lot of workers in both the hotel and food service sectors. Employees in Staten Island should know that those gratuities belong to them. Gratuities do not belong to restaurant owners or managers.
At times, employers require employees to create tip pools that include workers not permitted to receive gratuities. The only workers officially allowed to take part in tip pools are the ones who regularly get gratuities. For example, line cooks, dishwashers, and prep cooks may not take part in tip pools with servers, waitresses, and bartenders.
Businesses have permission to take part of employees’ tips to use toward fees charged for charge card transactions. This rule in Staten Island and the rest of New York is applicable when customers leave gratuities on charge cards. The deducted money is supposed to be going directly to compensate the charge card companies.
Employees in the hospitality and restaurant industries can depend on the long-held belief in Staten Island that tips are for employees. Have you ever been out with lots of people and your bill says, “service charge included?” Who gets that money? In Staten Island, that money is presumed to be for the employees who helped you. Employers may retain this money only if they have provided patrons explicit notice. Employers must explain to customers that the funds are not for the servers and won’t be applied for gratuities. Without proper notice, that money may belong to the workers.
Tipped workers may also be subject to the usage of tip credits which enable companies to pay them less than the normal minimum wage for their hours. Misapplying tip credits is fairly prevalent as the regulations surrounding them are complex. The result is employees getting lower wages than the regulations mandate.
Consider the various ways businesses steal wages. Blatant legal infractions are not unheard of, such as neglecting to pay overtime as the FLSA requires. Employers sometimes keep gratuities for themselves or force tipped employees to share them with ineligible kitchen workers. Companies may also refuse to pay for the fifteen minutes you must spend on the property getting ready for work. Even small-scale violations of wage and hour rules can add up.
You may be in a position to remedy minor problems by speaking with your employer. Your alleged issue may be the consequence of clerical error or harmless oversight. It may be possible for somebody to take care of the issue quickly and easily. In the event that there are formal company procedures you need to follow, be sure you do so.
Think about talking to experienced unpaid wage attorneys representing people in Staten Island and nationwide, if you cannot take care of your wage and hour problem. We can assist you if you must enforce your legal rights to collect the wages your employer owes. Your employer may not retaliate against you for asserting those rights but if it occurs, we can help with unlawful retaliation as well. Your employer cannot threaten you, fire you or steal even more wages as punishment.
We have over twenty years of practical experience assisting employees like you recover wages, unpaid overtime, and gratuities. Call us to learn more. Determine whether you have a legitimate claim today. You may reach unpaid wage lawyers serving workers on Staten Island – call us 24/7 at 1-800-585-4658.