New York City Employment Law Attorneys Can Help Recover Stolen Tips
New York City wage and hour attorneys at Leeds Brown have been zealously advocating on behalf of restaurant and hospitality workers for decades. We understand how hard it is to make ends meet in New York City and that you deserve to keep every penny you can of the money you earn. There are thousands of restaurants in the five boroughs alone and many of them are run by fair, upstanding employers who pay their workers fairly. However, some employers routinely violate New York and Federal wage and hour laws, intentionally or otherwise, and hard workers like you pay the price.
Hospitality workers and restaurant workers traditionally rely heavily on tips to supplement their small hourly wages. The laws regarding tips can be quite complicated and determining whether or not your employer is in violation of the laws takes some specialized knowledge. To help you understand your rights to your tips, it may be helpful to speak with the New York tip theft attorneys at Leeds Brown.
Our wage and hour attorneys have been protecting the rights of tipped employees in New York City for decades. Our passionate advocates fight for justice any time an employee is taken advantage of by his or her boss. Labor and employment laws are in place for good reasons: to ensure that workers are paid fairly for their hard work, and they are not exploited or put in danger.
Whether your employer purposefully or unknowingly violates a wage law, you have rights that can be enforced. If you think your employer is not paying you properly for overtime, not paying proper minimum wage or is withholding or miscalculating your tips, call Leeds Brown today.
Who is a New York City Tipped Employee?
The Fair Labor Standards Act states that a tipped employee is one who regularly receives more than $30 per month in tips. If you fit this description, you are a tipped employee. Tips are your property, not your employer’s. Your employer may use your tip only as a credit toward its minimum wage obligation or toward a valid tip pool.
New York City Tipped Employees Keep Tips
Has your boss ever asked you to share your tips with the cook in the restaurant where you work? Has your boss refused to pay you cash when a customer puts your tip on a credit card?
Employers are bound by the Fair Labor Standards Act and New York State wage and hour laws. When the laws are followed, all tips belong to the employee. Unfortunately, many workers come to us with stories about their employers wrongfully withholding tips. For example, did you know that it is unlawful to ask you to share your tips unless it is part of a valid tip pool? For a tip pool to be valid it may not include anyone who does not regularly receive tips from customers, such as a cook, dishwasher or hostess. You are not required to share tips with any non-tipped employee.
When tips are paid by credit card, they still belong to the employee. The employer is obligated to pay credit card tips to you on or before your next payday. This is true regardless of whether or not the employer receives payment from the credit card company. The employer is permitted to deduct from your tip any service charge the credit card company charges, but that is all.
There are some employers who simply force workers to hand over their tips which is blatantly unlawful. Still others employers refuse to pay proper wages in addition to tips. An employer is required to make up the difference between an employee’s tips and the minimum wage amount but can’t pay below a certain hourly amount. The “tip credit” and minimum wage vary from state to state.
Sadly, some workers may not realize that they are lawfully entitled to their tips or understand some of the complex minimum wage and hour rules. Even workers who know the laws may be afraid to try and enforce their rights. Having experienced New York City wage hour lawyers on your side can help ensure that your employer is following the laws and you are getting what you deserve.
Contact New York City Wage and Hour Attorneys to Protect Your Tips
The rules about paying tipped employees are quite complicated and are changing in New York at a rapid pace. You want to protect your rights and make sure that you are keeping every dollar to which you are entitled. New York City wage and hour attorneys at Leeds Brown have the expertise you want when seeking to recover any money improperly withheld by your employer.
Our firm has been settling and litigating wage and hour claims for New York City restaurant workers for decades. We have successfully represented thousands of employees in all types of wage and hour disputes. We have recovered compensation for victims of minimum wage and overtime violations, wage theft, tip theft, and more.
If you work in a restaurant, bar or other hospitality industry you likely rely on your tips to make ends meet. Call New York City wage hour lawyers at Leeds Brown to ensure you are getting all the money you deserve for the hard work that you do. Do not let your employer steal your tips or your time. Call Leeds Brown today at 1-800-585-4658 to protect your hard earned tips.