When employers in Staten Island and across America withhold wages, workers seek help from attorneys like the ones at Leeds Brown Law, PC.
The Fair Labor Standards Act, also called the FLSA for short, helps to protect the legal rights of workers. The FLSA gives workers, among other things, the legal rights to receive minimum wages, overtime, and to retain their tips. Cities, states, counties, and boroughs can have their own wage and hour laws and regulations that expand the legal rights bestowed by the FLSA. Staten Island has these expanded protections due to New York State laws and laws for the New York City metropolitan area.
Employees earn their wages. Wages are their property, according to labor and employment laws. Wage theft takes place when employers don’t pay wages the law requires, such as, stealing tips, refusing to pay overtime, or paying less than minimum wage. When employers withhold pay like this, employees have the right to try and collect their wages.
At Leeds Brown Law, PC our lawyers provide counsel to employees who would like to pursue unpaid wage claims against their employers. Thousands of hard-working people have reaped benefits from our counsel. We’ve assisted victims of wage theft to get great results when their employers withhold pay. Wage and hour regulations are violated by a lot of employers on a daily basis, at times with purpose and at times without. By simply understanding your fundamental rights, you might be able to shield yourself from wage theft. We are able to give you advice on the way to get your wages. Whatever earnings your employer has taken, overtime, gratuities, or any other wages, our attorneys can assist you to get that money back.
The hourly lowest wage under national law is $7.25. Counties such as Staten Island and Nassau County have a minimum wage which is above the national level. Fortunately for workers, if they are subjected to more than a single minimum wage rate, the better one dominates.
At times, however, employers may refuse to pay workers for the time they work. Why does it matter? Because once you do not get compensated for all your hours, the hourly rate you’re really earning can easily fall well below the minimum. Companies also pay decreased hourly rates and hope they will not get caught. Workers should get minimum wages and other earnings for each and every minute they spend working. When they don’t, they may be able to recover those funds.
You should be compensated for just about every minute you spend performing work. Hours worked over 40 are called overtime. The overtime amount of pay is one-and-a-half times the normal amount of pay. Non-exempt workers have to receive this premium for all overtime hours.
Businesses will go to the ends of the earth to avoid having to pay overtime to their workers. How?
Violating overtime laws has serious implications for companies. Employers that are guilty might have to pay their employees several years of back wages and additional damages. Employees can be given liquidated damages and attorneys’ fees. Companies may also be forced to pay civil penalties in certain cases.
Theft of gratuities is problematic for a lot of employees in both the hospitality and food service industries. Workers in Staten Island should know that those tips belong to them. No owner or manager of a restaurant or pub may retain gratuities for themselves.
Businesses often attempt to establish unlawful “tip pools” that compel workers to share money with ineligible employees. Regularly tipped employees are the only ones who may be involved in tip pooling agreements. Including non-tipped employees in tip pools makes them invalid. For example, legitimate tip pools in eateries may include food servers and bartenders but not dishwashers or cooks.
Employers may take a part of tips in very particular situations. For instance, businesses may take pro-rated portions from tips to put them toward credit card transaction service fees. They may do this when customers put tips on cards. The employers aren’t subtracting your money for their own use. Actually, the money is going to the credit card companies who charge the associated fee.
Staten Island has another law that can help employees hold onto their gratuities. For instance, when employers add services fees to bills for big events or catered events, the presumption is that the money belongs to the employees. Extra service charges may only be kept by employers when they provide clear notice of their intentions to their patrons. Employers must tell their customers that the funds are not for the food servers. Absent the proper notice to diners; companies might have to turn those funds over to their employees.
There are also tip-credit regulations that enable companies to pay tipped workers below the standard minimum wage for their hourly rate. The formula for this may be confusing, and companies commonly utilize tip credits incorrectly. The result is wage theft: companies holding wages from the workers who have earned them.
Employers have ample opportunity to underpay their workers. Several won’t pay employees overtime which goes against the FLSA. In other instances, employers retain tips despite the fact that tips are wages that belong to the employees who are earning them. Businesses can also overlook the 10 minutes you spend every single day on the property getting the workspace prepared for action. You need to get wages for your work hours. Even small errors, deliberate or otherwise, may add up to significant losses to employees.
Consider attempting to solve small issues by speaking to your boss, human resources or payroll department. Your problem can be the consequence of harmless error. If that’s the case, your wage issue may be very easy to fix. In the event that there are official company procedures you must comply with, be sure you do so.
When your issue remains, speak to Leeds Brown, experienced lawyers in Staten Island, helping people file unpaid wage claims. The wages you earn belong to you. We can help uphold your legal rights to keep them. Your employer may never retaliate against you for asserting your rights, but we can help with illegal retaliation also. Your employer is prohibited from firing, demoting, or threatening you for asserting your legal rights.
Unpaid overtime, minimum wage, and tip theft lawsuits mandate working experience, and we have many years of it. Contact us to get additional info. Discover right now if you may have unpaid wage claims against your employer. We are available 24/7. Simply call our unpaid wage lawyers serving people in Staten Island at 1-800-585-4658.