When companies on Long Island and across the US withhold pay, workers seek help from employment law lawyers like the ones at Leeds Brown Law, PC.
The federal law that helps to protect the rights of workers is called the Fair Labor Standards Act or the FLSA, for short. The FLSA covers things such as the lawful minimum wage and overtime rules. The FLSA does not forbid states or local governments from also passing laws relating to wages and hours. Often, state laws broaden the rights of employees. However, they may not conflict with the FLSA.
Employment laws and labor laws do not equivocate; wages belong to employees. Companies that steal tips, refuse to pay overtime or hold back income from workers, may be liable for wage theft. After all, they are taking money that belongs to you.
At Leeds Brown, our attorneys have significant experience filing unpaid wage lawsuits for employees in Long Island. We have assisted thousands of dhard working people. We have helped them to secure positive results when their employers withhold or steal pay. Violations of wage and hour laws and regulations happen with surprising frequency and quite often have the greatest impact on low-wage employees. You can shield yourself from wage theft by being familiar with your legal rights. Our attorneys can give you advice regarding how to proceed with your claim for unpaid wages.
The unpaid wage lawyers New York Unpaid Wage and Overtime Lawyers at Leeds Brown Law, P.C. are ready to take your call. When your employer refuses to pay you for overtime labor or steals your gratuities, our lawyers can help you recover these and other types of pay your employer owes.
The national minimum wage is at present $7.25 per hour. Long Island and the NYC Metro area have considerably higher minimum wages that are on schedule to increase each year through 2022. Fortunately for workers, if they are governed by more than one minimum wage rate, the better one dominates.
Sometimes, however, companies refuse to compensate employees for all time they work. When this happens, it may cause the hourly rate of pay to fall beneath the minimum wage. In other cases, companies simply just offer reduced hourly pay rates knowing workers will probably agree to this because they need their jobs. No matter how businesses defy minimum wage laws, employees are entitled to the total amount of the wages the law permits.
You must get paid for all of the time you perform work for your employer. When workers work in excess of 40 hours per week, those hours are classified as overtime. Overtime work gets a special level of pay at the rate of one-and-a-half times the normal amount of pay. Non-exempt workers, which is most, should get overtime wages.
You’ll find employers who will stop at nothing to evade their overtime duties. Because some salaried managers, administrators, professionals, and executives are exempt from receiving overtime, many companies try to put employees in these classifications. However, many of these exempt workers are, in reality, misclassified and should really be earning overtime. Several other companies just will not pay money for overtime hours, despite the fact that there is no legal reason for them to refuse. “Overtime must be authorized” is an excuse businesses frequently give for not compensating employees. Several employers believe that they do not have to pay for compulsory instruction or meetings. No matter how many hours workers spend carrying out work, many companies find reasons to “reduce hours” so they don’t go above forty.
It’s unlawful to decline to pay overtime to qualified employees. What happens when employers are liable for violating wage and hour laws? They may have to reimburse their workers for many years of unpaid overtime along with other compensation. In some instances, employers may have to pay civil penalties, liquidated damages, and lawyers’ fees.
If you are employed in the food service or hotel business, chances are you have been impacted by tip theft. Employees in Long Island retain their gratuities. Owners, managers, and other executives for a restaurant, hotel or bar may not take gratuities from the employees who earn them. They aren’t lawfully entitled to any gratuities. Have you been invited to be involved in illegitimate tip pools that involve ineligible employees? Regularly tipped workers are the only ones who may participate in tip pooling agreements. Including non-tipped workers in tip pools causes them to be invalid. Employers may not, for instance, compel employees to form a tip pool which includes dishwashers along with waiters, waitresses, and cooks.
When customers charge gratuities, employers in Long Island are allowed to deduct a portion of any finance charges the credit companies impose. For instance, when Visa charges 2% to process transactions, employers may take 2% from any of your tips put on charge cards. This money is not going to the employers. Really, the money is going to the credit card companies who charge the fee.
Workers in Long Island gain from one protection somewhat unique to hospitality, restaurant and catering employees here. For example, when employers add services charges to bills for big functions or catered events, the supposition is that the money goes to the employees. Explicit notice must be provided to customers before the business owners are allowed to pocket service charges. Employers who want to lawfully retain service charges must give clear notice to patrons of their intention to do so. They have to inform customers that the money is not for their waiters, waitresses or servers. Without the proper notice, those funds may belong to the employees.
Laws regarding tip credits also leave considerable room for employers to pay tipped workers lower than minimum wage. The method for this can be confusing, and companies frequently apply workers’ tip credits incorrectly. The result is people receiving less wages than the regulations require.
Employers have sufficient opportunity to underpay their employees. Several, behave in obvious disregard for the regulations, such as the FLSA overtime guidelines. Sometimes, businesses use tips incorrectly, possibly attempting to keep them or misapplying tip credits. How about if your employer fails to pay when you work through your break or if you stay later to complete something? Even small violations of wage and hour laws can add up.
You might be able to handle minor problems by talking to your employer. It’s possible innocent error, or a clerical mistake generated the problem. In that case, there might be a hassle-free solution for you. When your employer has formalized steps, comply with them.
Think about getting in touch with experienced unpaid wage lawyers representing clients in Long Island and throughout the country, if you can’t handle your wage and hour problem. Earnings belong to workers. You have rights that we can help uphold. We can also help in the event that your employer retaliates against you because you are attempting to uphold those rights. You are protected from retaliation. Your employer cannot legally fire you or demote you as punishment for trying to collect your earnings.
We have over 20 years of practical experience assisting workers like you collect wages, unpaid overtime, and gratuities. Call Leeds Brown if you’d like to learn more. Figure out if you have a valid lawsuit to get wages your employer owes. You may reach unpaid wage lawyers on Long Island 24/7 by calling us at (800) 585-4658.