Workers in Westchester and across the country seek help from attorneys, like the ones at Leeds Brown Law, PC, when they believe that their employers are withholding pay.
Workers receive lots of benefits under laws like the national Fair Labor Standards Act, typically called the FLSA. Employees have the right to minimum wages, gratuities, and overtime mainly due to this federal law. Some states, cities and counties, including Westchester, also have laws and regulations that deal with wages and hours. The laws are often broader than the FLSA and provide more benefits to employees.
Wages belong to employees. This is very clearly stated in employment and labor laws. When employers don’t pay overtime, steal tips or otherwise commit wage theft, you can collect the money that rightfully belongs in your pocket.
Lawyers at Leeds Brown have significant experience advising Westchester workers who want to file unpaid wage claims. Our representation has helped thousands of hard-working people. We’ve helped victims of wage theft get great results when their employees keep their wages.
Wage and hour laws are disregarded way too frequently. Protect your legal rights by understanding them. It may help you uncover irregularities with your wages. Our attorneys can advise you regarding how to move forward with your lawsuit for unpaid wages. Lawyers at Leeds Brown can help you collect tips, overtime, and back pay your employer owes you and your co-workers.
The FLSA sets the hourly minimum wage for the nation. At present, the federal minimum wage is $7.25. Westchester has a higher minimum wage compared to FLSA, as does the New York metro area. The rates are scheduled to change yearly through 2022. When state and national law apply, and even city, the better minimum wage prevails.
Sometimes, however, companies refuse to pay workers for hours they perform on the job. Why does it matter? Mainly because once you are not getting compensated for all of your time, the hourly rate you’re actually earning can drop well under the minimum. Businesses also pay reduced hourly rates and trust they will not get caught. Minimum wage is your right. Getting paid for your time is also your legal right. Don’t let your employer pay you lower than the minimum wages the laws require.
Employers must compensate employees for all their work time. When employees work in excess of 40 hours in a week, those hours are known as overtime. Workers should get a premium when they work extra time. The rules state that overtime pay is 1 1/2 times the regular pay rate. For instance, if you earn $10.00 an hour, your overtime rate should be $15.00 per hour. If you work 42 hours in one week, you should receive two hours of overtime pay.
Since overtime costs businesses money, some will stop at nothing to not pay for it. Misclassification of eligible employees as exempt is one-way businesses attempt to do this. Others just refuse to pay for extra hours workers work citing “explanations” that have no merit. For instance, employers commonly explain to employees that they don’t have to pay overtime because they never gave the authorization to work overtime. Businesses may inform workers that they do not have to pay overtime for obligatory evening training sessions. Shaving time is yet another way in which employees avoid satisfying their overtime responsibilities. They just don’t recognize work that goes beyond forty hours.
Breaking overtime rules has repercussions for businesses. Businesses who are found to be in violation of wage and hour laws and regulations frequently have to reimburse employees for years of non-payment of overtime and perhaps other money as well. Businesses may be forced to pay liquidated damages, civil penalties, and lawyers’ fees.
Tip theft causes significant problems for hospitality and food service workers. Gratuities are the property of workers who strive for them. In Westchester, tips are a component of employees’ wages. No proprietor or manager of a restaurant or pub may keep gratuities for themselves.
Have you been required to take part in unlawful tip pools which involve ineligible employees? Regularly tipped employees are the only ones who may be involved in tip pooling arrangements. Including non-tipped workers in pools causes them to be invalid. Legitimate tip pools may include employees who serve food and drinks, however, not employees who work in the cooking area.
Employers have the authorization to take a portion of workers’ gratuities to use toward fees imposed for charge card transactions. This rule in Westchester is applicable when customers leave tips on charge cards. This money is not going to the employers. Any amount subtracted should be going to the company charging the transaction fees.
Employees in the hospitality and restaurant sectors can rely on the long-held belief in Westchester that gratuities are for employees. Service fees added to invoices for large events are assumed to be tips that belong to servers. Only if employers provide explicit notice to patrons, may they keep these charges. Employers must convey to customers that the money is not for the servers and will not be used for tips. Absent sufficient notice, employees may keep that money as part of their pay.
Tipped workers may be subjected to the use of tip credits which leads to a lower cash hourly wage as compared to that which is standard. The formula for figuring out pay by making use of tip credits confuses many. It isn’t hard to apply the amounts incorrectly. The results? Hard working servers are getting lesser wages than they should, and businesses are lining their wallets.
You will find limitless ways that businesses underpay workers. A number of them violate the FLSA by not paying overtime when employees put in above 40 hours of work per week. In some cases, employers use tips improperly by either retaining them or misapplying tip credits. Companies oftentimes refuse to pay employees if they work through breaks or come in early. Even when wage and hour offenses seem minor, wage theft can substantially affect workers over months or years.
Think about attempting to fix small issues you encounter by speaking to your supervisor, human resources or payroll division. It’s possible that innocent error or an office mistake caused the irregularity with your pay. If this is the case, the remedy may be uncomplicated. In the event that there are formal company procedures you must follow, be sure to do so.
Get in touch with lawyers at Leeds Brown Law, PC if the issue remains. Our experienced wage and hour lawyers help clients file unpaid wage lawsuits in Westchester and across the nation. The wages you earn belong to you. We can help enforce your legal rights to keep them. Retaliation is also against the law, and we can help if your employer has penalized you for trying to recover your legal wages. Your employer is prohibited from firing, demoting, or intimidating you for asserting your rights.
When you need help navigating unpaid wage, unpaid overtime, and tip-theft lawsuits, we’ve got years and years of practical experience behind us. Contact us to receive additional info. Discover right now if you may have unpaid wage claims against your employer. We are available 24/7. Call our unpaid wage lawyers to discuss your case in Westchester at 1-800-585-4658.