Across the country and in Westchester, employees seek assistance from lawyers, like the ones at Leeds Brown Law, PC when they think that their employers are withholding pay.
Federal laws like the Fair Labor Standards Act (FLSA) give workers many legal rights. Basic legal rights under the FLSA include issues like overtime pay, minimum wage, and payment of tips. The FLSA doesn’t prohibit states or local governments from also passing laws governing wages and hours. Frequently, state laws, including New York’s, expand the legal rights of employees. However, they must not conflict with the FLSA.
Labor laws and employment laws, both national, state and city, make it clear that wages are the property of workers. Refusing to pay for overtime work and stealing tips are a couple of ways employers commit wage theft. Employees have legal rights to recover their wages.
Our lawyers at Leeds Brown have extensive experience handling unpaid wage lawsuits for workers in Westchester. Thousands of hard-working individuals have reaped benefits from our counsel. We’ve helped employees fight against companies that take their pay or withhold earnings that belong to them. It is astonishing how regularly wage and hour violations happen. Preserve your legal rights by becoming familiar with them. It may help you recognize issues with your wages. We can advise you about your unpaid wage claim.
The unpaid wage lawyers New York Unpaid Wage and Overtime Lawyers at Leeds Brown Law, P.C. are ready to take your call. Our attorneys may help you recover back pay, overtime, gratuities, along with other earnings your employer owes you.
Currently, the hourly minimum wage under the national legislation is $7.25. As stated earlier, states can have regulations that enhance but don’t reduce the legal rights granted by the FLSA. New York, including Westchester, has minimum wage rates which are above the ones in the FLSA. They are scheduled to increase every year through 2022. In any given situation, it’s the higher applicable rate that prevails.
Sometimes companies refuse to pay money for each of their employees’ work-time, even though they are doing work. Why does it matter? Mainly because when you do not get paid for all of your work-time, the hourly rate you are really earning can easily drop well under the minimum. Employers also pay decreased hourly rates and believe they will not get caught. No matter how businesses defy minimum wage laws, employees are entitled to the total amount of the wages the law allows.
Rules require your employer to pay you for all hours you spend carrying out work. Overtime describes the hours workers engage in work that extend past 40 hours. How much is overtime worth? To calculate overtime, businesses should multiply the standard rate of pay by 1 1/2. This is the amount workers should receive each hour for overtime work.
Despite working hard for them, many companies will try their best to get around paying overtime to deserving employees. Misclassification of employees as exempt under the narrow FLSA exceptions is one method. Some other employers simply refuse to pay for extra hours employees work, voicing “explanations” which have absolutely no merit. For instance, employers may inform workers that overtime work needs to be sanctioned and, that with no approval, they don’t have to pay. Several employers claim that they don’t have to pay for mandatory training or meetings. Some businesses that do not want to pay overtime, simply don’t. They “shave” hours, so employees don’t go above forty.
Violating overtime rules, accidentally or purposefully, has implications for companies. Responsible employers frequently have to pay workers extra remuneration, in addition to unpaid wages. In some cases, businesses may have to pay civil penalties, liquidated damages, and attorneys’ fees.
Foodservice and hospitality employees frequently deal with tip theft. It is very problematic. Tips are wages in Westchester and are the property of workers. Owners, managers, and other executives for a restaurant, hotel or pub may not take gratuities from the workers who earn them. They aren’t lawfully entitled to any gratuities. Tip pools aren’t unusual in restaurants. However, businesses attempt to set up illegal ones. These tip pools sometimes have ineligible participants. Keep in mind; tip pools can only be legitimate when every employee taking part is one who “regularly receives” tips. Waiters, bartenders, and bussers in a diner, for instance, can likely form legal tip pools. However, they may not include dishwashers or cooks.
Businesses have permission to take a portion of workers’ tips to use toward fees imposed for credit card transactions. This rule in Westchester is applicable when customers leave gratuities on charge cards. These funds are not going to the employers. Any sum subtracted should be going to the company asking for the transaction fees.
Employees in the catering and restaurant sectors can rely on the long-held belief in New York State that gratuities are for workers. There is a presumption in Westchester that whenever restaurants or catering halls add service charges to bills that the funds are for the employees. Extra service charges may only be kept by employers if they supply specific notice of their intentions to their customers. Employers must inform customers that the funds are not for the waiters and won’t be applied for gratuities. Service employees may be able to recover that money for themselves when employers neglect to give customers the proper notice.
Tip credits allow employers to pay tipped workers a smaller cash wage than the customary hourly minimum wage. The method for this may be confusing, and employers often utilize tip credits improperly. The result is that employers unlawfully keep money that belongs to their workers: wage theft.
Employers go to great lengths to commit wage theft. Quite often, they blatantly ignore the FLSA and do not pay overtime. In other cases, employers retain tips although gratuities are wages owed to the employees who are earning them. What about if your employer does not pay if you work through your break or if you remain late in order to complete something? You should get wages for your work hours. Even minor problems, deliberate or not, will add up to substantial loss.
Your payroll department, HR person or manager may be able to answer questions you have about minor pay irregularities. The issue might be the result of an innocent mistake. A simple fix might be available. If there are formalized company procedures you have to comply with, make sure you do so.
If you’re unable to resolve your issue, contact Leeds Brown, wage and hour lawyers helping people file unpaid wage lawsuits in New York State, New York City, Westchester and nationwide. You have rights to keep the wages you make, and we can help you enforce them. We can also help in case your employer retaliates against you because you want to enforce those legal rights. Your employer can’t threaten you, fire you or steal additional wages as punishment.
With years and years of practical experience, we know what it takes to safeguard the rights of workers in all varieties of wage theft lawsuits including those dealing with overtime, minimum wage, and tips. Find out if you have claims to recover your unpaid earnings by calling(800) 585-4658. Someone is available to take your call 24/7 so don’t wait. Call Leeds Brown, filing unpaid wage claims for employees in Westchester, today.