In Melville, Attorneys Help Reclaim Unpaid Wages
Employees in Melville Get Help Collecting Unpaid Wages
When they believe their employers are withholding pay, employees in Melville and across America seek assistance from lawyers, like the ones at Leeds Brown Law, PC.
Federal laws like the Fair Labor Standards Act (FLSA) give employees many rights. The FLSA gives workers, among other things, the rights to earn a minimum wage, overtime, and to keep their tips. Melville, on Long Island, the New York City metropolitan area and New York State, like many other municipalities, cities, and states, also have laws governing wages and hours that frequently broaden the legal rights the FLSA provides.
There isn’t any question that, according to the laws, wages belong to the workers who earn them. Whenever businesses don’t pay legal wages, it’s wage theft, and you have the ability to collect the money that you’ve earned.
Employees in Melville who would like attorneys with practical experience to help file their unpaid wage lawsuits look no farther than Leeds Brown. Several thousand hard workers have received counsel from our law firm. We’ve helped them fight to collect their wages when their employers refuse to pay.
Wage and hour regulations are disregarded by a lot of businesses every single day, at times with intention and at times without. Becoming familiar with your rights under the law may help you protect them. Our attorneys can give you advice on how to proceed with your lawsuit for unpaid wages. Attorneys at Leeds Brown can help you recover tips, overtime, and back wages your employer owes you as well as your co-workers.
Employees File Unpaid Minimum Wage Lawsuits to Collect Wages from Employers
The FLSA sets the hourly minimum wage for the nation. Presently, the federal minimum wage is $7.25. Our minimum wage in Melville is significantly greater than $7.25 an hour and is even increased in certain parts of the state. It is supposed to keep increasing in small increments for several years. Whenever more than one rate may apply, the better one prevails.
At times, workers don’t get paid for a bunch of their hours. This sometimes means you are being paid well below the minimum wage if your work time was in fact properly calculated. For example, say your boss pays you a weekly wage of $253.75 per week. If you put in 35 hours of labor, at the minimum wage rate of $7.25 your $253.75 paycheck is fine. But, if you, in fact, work 40 hours and your boss pays you $253.75, your hourly rate decreases to $6.34 which is below the minimum wage. You should be earning at least $290.00 for that week.
Employers often depend on employees’ willingness just to accept whatever they can get and pay well under the lawful rate. Either way, employees are lawfully entitled to obtain the entire amount of minimum wage for the time spent working.
Wage Claims Stem from Unpaid Overtime
You must be paid for each minute you spend performing work. Overtime is the expression used when employees put in extra time on the job. All time spent working that is greater than 40 hours is referred to as overtime. All non-exempt workers who work overtime, have to get overtime pay at the rate of 1 1/2 times their regular amount of pay.
There are employers who will stop at nothing to evade their overtime obligations. Many employers misclassify employees as exempt, even though they are entitled to overtime by virtue of their real job duties. Several other companies just will not pay for overtime hours even when there is no lawful basis for them to refuse. For instance, employers might inform employees that overtime work needs to be sanctioned and that with no prior permission, they don’t need to pay. Many businesses will not compensate employees for things that require compulsory presence, including training or meetings. Not counting all of the workers’ time is a method of “shaving” time. This is another way employees cheat workers out of overtime compensation.
Violating overtime rules, unintentionally or deliberately, has consequences for companies. Companies who are determined to be in violation of wage and hour laws and regulations often have to pay workers for several years of non-payment of overtime and possibly other wages also. Companies may also need to pay liquidated damages, lawyers’ fees, and civil fees and penalties.
Gratuities Belong to Workers Who Earn Them
For those who work as food servers, tip theft causes substantial problems. Workers in Melville retain their gratuities. Gratuities are not for business owners. Tips are not for managers. Gratuities are for the workers who are earning them. Consider the following opportunities employers have to disadvantage tipped employees:
- Have you been instructed to take part in illegal tip pools which involve ineligible employees? Remember, tip pools can only be legal when every worker taking part is one who “regularly receives” gratuities. For example, legitimate tip pools in eating establishments can include food servers and bartenders but not dishwashers or cooks.
- In Melville, employers may take part of employees’ tips when customers pay by charge card. The money is supposed to go towards transaction fees. Employers are not retaining the money they take. The truth is, it’s the credit card providers that will be getting the money.
- Helping employees retain gratuities is among Melville’s main concerns. This is why “service fees” that show up on your invoice are presumed to be for the employees, not the employers. Extra service charges can only be kept by employers if they provide specific notice of their objectives to their customers. That the money won’t go to the servers and that the money is not for gratuities must be specifically told to the customers. Absent the proper notification to patrons; employers might have to turn those funds to their workers.
- Companies may use a tip credit to pay workers the tipped minimum wage instead of the normal one. Misapplying tip credits is very common because the regulations surrounding them are complex. The outcome is people receiving lower pay than the regulations mandate.
Do You Need Help Collecting Outstanding Wages?
Employees go to great lengths to commit wage theft. Many refuse to pay workers overtime which violates the FLSA. In some cases, employers refuse to deliver gratuities to the employees who are earning them. Businesses may also decline to pay for the fifteen minutes you must spend on the premises getting yourself ready for work. Ultimately, minimal withholdings of your lawful pay may add up to substantial financial losses.
If you believe you have small issues with your pay, you can attempt to fix them by meeting with someone at your place of employment. Try the human resources team, payroll office or your supervisor. It could be that simple oversight, or a clerical mistake generated the problem. There might be an easy fix. A number of employers have formalized procedures workers must follow if they have disputes. Find out if you need to do anything specific.
File Claims for Unpaid Wages: Contact Us Today
Think about calling seasoned unpaid wage attorneys that represent people in Melville and nationwide, if you cannot resolve your wage and hour issue. Wages belong to employees. You have protection under the law that we can help enforce. We can also help when you come across retaliation from your employer. Your employer is forbidden from firing, demoting, or threatening you for asserting your legal rights.
Unpaid overtime, minimum wage, and tip theft claims mandate practical experience, and we have years and years of it. Call us for additional information. Figure out if you have a viable lawsuit now. 1-800-585-4658 is the number to call in order to reach our unpaid wage attorneys serving clients in Melville. Someone is right here to take your phone call 24/7.