At Leeds Brown Law, our Staten Island Employment Attorneys have been assisting victims of wage theft (unpaid overtime, unpaid tips and minimum wage) for decades.
Employees receive numerous benefits under laws like the national Fair Labor Standards Act, commonly referred to as the FLSA. The FLSA addresses legal issues such as the lawful minimum wage and overtime rules. A lot of states including New York also have laws and regulations that deal with wages and hours. The laws are often broader than the FLSA and give more benefits to workers.
The laws make something very clear; wages are the property of employees. When employers don’t pay overtime, take gratuities or otherwise commit wage theft, it is possible to collect the money that rightfully belongs in your wallet.
Filing lawsuits to collect unpaid wages requires the help of experienced attorneys. Our lawyers at Leeds Brown, representing clients in Staten Island, can provide the support workers need. Thousands of hard workers have received counsel from our firm. Whenever businesses commit wage theft, we help employees obtain what belongs to them. It’s astounding just how often wage and hour violations occur. By simply being familiar with your fundamental legal rights, you might be in a position to shield yourself from wage theft. Our lawyers can counsel you regarding how to proceed with your lawsuit for unpaid wages.
The unpaid wage lawyers New York Unpaid Wage and Overtime Lawyers at Leeds Brown Law, P.C. are waiting to take your call. Our attorneys may help you recover your pay including overtime, back pay, tips, and spread of hours pay. Whatever wages your employer owes, we can help you recover.
Presently, the hourly minimum wage under the federal legislation is $7.25. New York State, including Staten Island and the entire NYC metropolitan region, has a higher minimum wage than the FLSA. The rates are scheduled to change every year through 2022. It is the higher wage that controls in any given situation.
There are times when employers do not pay for all their workers’ work-time, even though they are performing work. Why does it matter? Because once you don’t get compensated for all of your hours, the hourly rate you are really earning can fall well under the minimum. Workers are often pressured to simply accept below minimum wage because their employers know they would like to keep their jobs. Either way, employees are lawfully entitled to receive the entire amount of minimum wage for the time spent doing work.
You have to get paid for all of the time you carry out work for your employer. Employees who work over 40 hours in one week are said to be working overtime. Workers should get a premium if they work overtime. The rules state that overtime compensation is one-and-a-half times the regular level of wages. One example is, if you earn $10.00 per 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 wages.
Businesses go to the ends of the earth to avoid paying overtime to their workers. Many businesses misclassify employees as exempt, though they deserve overtime by virtue of their real responsibilities. Others simply just do not pay for additional hours employees work, voicing “factors” that have no merit. Businesses, for instance, let workers work overtime and after that don’t pay. These employers use the excuse that they don’t need to pay overtime except for when they authorize the work. Regardless of legislation demanding they do so, there are companies who straight up won’t pay for their workers’ time spent at required meetings or work-related training or education. No matter how many hours workers spend working, many businesses find excuses to “shave hours” so that they don’t extend past 40.
It is against the law to decline to pay overtime to qualified workers. Responsible employers frequently have to pay workers additional damages, as well as unpaid wages. Workers can get liquidated damages and lawyers’ fees. Companies might also be forced to pay penalties in some instances.
For many who work as food servers, tip theft causes substantial problems. Gratuities are the property of workers who work hard for them. In Staten Island, gratuities are part of workers’ wages. No owner or manager of a restaurant or pub may keep gratuities for themselves. Employers often try to set up unlawful “tip pools” that force workers to share with ineligible employees. Tip pools are legal when the participants are all workers who get no less than $30.00 per month in gratuities. Employees that don’t receive gratuities may not be involved in tip pools. For example, valid tip pools in eateries may include food servers and bartenders but not dishwashers or cooks.
In Staten Island, employers may take part of employees’ tips when customers pay by credit card. The money is expected to go towards transaction service fees. The amount of money removed from tips in these situations isn’t going to the employers. It is supposed to be going directly to compensate the credit card companies.
Helping workers retain gratuities is among New York’s priorities. It is assumed that any service charges included with the checks of big parties or banquet meals are the property of the workers who served the patrons. Employers may keep this money as long as they have given patrons specific notice. Owners must tell their customers that the funds are not considered a gratuity for the food servers. Absent the proper notification to diners; companies might have to turn those funds over to their workers.
Paying less than minimum wage is also sometimes the product of complicated tip credit rules. In principle, by making use of tip credits plus the tipped minimum wage, employers ought to provide lawful wages for their workers. In practice, however, miscalculations and misapplications are the norms. The result? Hard working employees are receiving lower wages than they should and employers are lining their pockets.
Employers that underpay their workers do so in numerous ways. Many will not pay workers overtime, which goes against the FLSA. In other cases, employers keep gratuities that belong to their employees. Will your employer compensate you when you stay late or do work during your lunch hour? Earnings are yours. Whatever wages your employer unlawfully withholds is way too much.
Your employer may be able to help if there are negligible issues with your wages. Don’t assume all irregularities are generated by malicious motives. It is possible that innocent oversight or office errors created your problem. There could be a quick fix. Make sure that if your employer has formalized rules to comply with, you follow those rules
If you can’t clear up the issues, consider talking to Leeds Brown, experienced unpaid wage lawyers representing employees in Staten Island, the metro New York area, and throughout the country. Wages belong to workers. You have rights that we can help enforce. We can also help when your employer retaliates against you when you are attempting to enforce those legal rights. You cannot be demoted, let go or in any manner disciplined for expressing concerns about unpaid wages, overtime or tips or filing a claim to collect your lost wages.
When you need help navigating unpaid wage, unpaid overtime, wage theft and tip theft claims, contact Leeds Brown Law. We have decades of practical experience to put at your service. Discover today if you have legitimate claims against your employer. Call our unpaid wage claim lawyers representing clients in Staten Island now at (800) 585-4658.