Lawyers in New York, like the ones at Leeds Brown Law, PC, help workers here and across the country when employers are withholding wages.
The Fair Labor Standards Act (FLSA) is the federal law that helps to protect the rights of employees. Fundamental legal rights under the FLSA include things like overtime pay, minimum wages and keeping tips. The FLSA does not forbid states or local governing bodies from also passing laws relating to wages and hours. Often, state laws broaden the legal rights of workers. However, they may not conflict with the FLSA.
Employees earn their wages. Wages are their property as outlined by labor and employment laws and regulations. Employers that take tips, won’t pay overtime, or keep income from employees, might be liable for wage theft. After all, they’re taking money that belongs to you.
Filing lawsuits to collect unpaid wages calls for the assistance of skilled lawyers. Our New York lawyers at Leeds Brown provide the support workers need. Thousands of hard workers have obtained representation from our firm. Whenever employers commit wage theft, we help their workers get what belongs to them.
Wage and hour laws are disregarded way too frequently. Understanding your legal rights may help you safeguard them. We can give you advice about filing your lawsuit for unpaid wages. Our lawyers at Leeds Brown may help you collect your pay including overtime, back pay, gratuities and distribution of hours pay. Whatever wages your employer owes, we can help recover.
The hourly minimum wage under federal law is $7.25. As stated previously, cities and states may have regulations that supplement but don’t limit the rights bestowed by the FLSA. New York and Staten Island have set up minimum wage rates that are above those in the FLSA. They are scheduled to increase yearly through 2022. If the federal and state minimum wages apply, the worker is qualified to receive the highest rate.
Employees frequently do not get compensated for all of their work-time. The results? When the time is properly included, their hourly rate falls well under the lawful minimum. Companies also pay reduced hourly rates and trust they won’t get caught. Minimum wage is your right. Getting compensated for your time is your right. Don’t let your employer pay you less than the amount of money that minimum wage guidelines require.
Laws and regulations require your employer to compensate you for all the time spent carrying out work. The term “overtime” is applicable whenever workers work more than 40 hours per week. The surplus hours are the overtime hours. Exactly how much is overtime valued at? To compute overtime, employers should multiply the regular rate of pay by 1 1/2. That is the amount workers should be given each hour for overtime work.
Companies go to the ends of the earth to avoid having to pay overtime to their employees. Misclassification of employees as exempt under one of the narrow FLSA exceptions is one way they do so. Other employers just won’t pay money for overtime hours even when there’s no lawful reason for them to refuse. Many employers inform their workers (after the fact) that they are not going to get paid for overtime because they needed pre-authorization to work the extra hours. Despite laws demanding they do so, there are businesses who outright refuse to pay for their employees’ hours they spend at required meetings or work-related instruction or education. Not counting all of the workers’ hours is a form of shaving time. This is another way employees cheat workers out of overtime compensation.
Breaking overtime laws has consequences for companies. Companies might be liable for having to pay workers for all the overtime they refused to pay as well as additional wages. In some instances, businesses may have to pay civil fines, liquidated damages, and attorneys’ fees.
Theft of tips is an issue for a lot of employees in both the hotel and food service sectors. Workers who are getting tips in New York get to keep them. They are a part of their wages. Gratuities do not belong to restaurant owners or managers.
Tip pools are common in restaurants. However, businesses often attempt to establish unlawful ones. These tip pools ordinarily have ineligible participants. Remember, tip pools can only be legitimate when every worker participating is one who “regularly receives” tips. Non-tipped employees like chefs, line cooks, and dishwashers may not participate in any tip pools with tipped workers like waiters, servers and bartenders.
New York allows businesses to “take” part of tips in the following circumstance; when customers leave tips on charge cards, businesses can pro-rate the fees imposed by the credit card issuers and subtract comparable amounts from the gratuities. Employers are not retaining the money they subtract. It is supposed to be going directly to compensate the credit card companies.
Workers in New York benefit from one protection fairly unique to hotel workers here. Have you ever been out with lots of people and your bill says, “service charge included?” Who gets that money? In New York, that money is presumed to be for the workers who served you. Specific notice has to be provided to patrons before the business owners can pocket service charges. That the money won’t go to the staff and that this money is not for tips has to be plainly said to the customers. Absent sufficient notice, employees may keep that money as part of their pay.
Tipped individuals may also be subject to the usage of tip credits which leads to a lesser cash hourly wage as compared to that which is standard. Misapplying tip credits is fairly common because the regulations relating to them are complex. The end result? Hard working individuals are getting lower wages than they should, and employers are lining their pockets.
Businesses have ample opportunity to underpay their workers. Some of them violate the FLSA by failing to pay overtime when employees put in above forty hours of work in one week. In other instances, businesses keep gratuities for themselves or force tipped workers to share them with ineligible kitchen workers. Companies can also not pay for all of your work time like when you work through lunchtime. Even when wage and hour violations appear to be minor, wage theft can significantly impact employees gradually.
If you think you have minor problems, attempt to handle them by meeting with somebody at your office. Try the human resources office, payroll office or your supervisor. Your issue can be the result of an innocent accident. In this case, there might be an easy solution for you. Be sure you comply with whatever formalized guidelines your employer has, if any.
When your wage and hour predicament is persistent, you will want help. Contact Leeds Brown, seasoned unpaid wage lawyers representing people nationwide and in New York. You have rights to the income you earn, and we can help you uphold them. In the event your employer retaliates against you because of your unpaid wage claim, we can also help with this. You cannot be demoted, fired or punished for trying to get your wages.
We’re experienced at helping employees safeguard their legal rights in claims for unpaid wages, overtime, and tips. Contact us today to find out more about whether you have a viable lawsuit. You can reach New York unpaid wage attorneys at 1-800-555-4658, 24/7.