When employers in Brooklyn, the NYC metropolitan area and across the country withhold pay, workers seek assistance from lawyers like the ones at Leeds Brown Law, PC.
The national law that helps to protect the legal rights of workers is known as the Fair Labor Standards Act or the FLSA, for short. The FLSA bestows the legal rights to receive at least the minimum wage, to earn overtime, to retain tips and all money earned. The FLSA isn’t the only law that addresses these things. There may be local or state laws that apply, like they do, for example, in Brooklyn, which govern wages and hours.
Wages belong to employees. This is very clearly stated in employment and labor laws and regulations. Since wages belong to employees, whenever employers withhold them, it is theft. Workers may try to recover their unpaid wages.
Filing lawsuits to recover unpaid wages requires the assistance of skilled lawyers. Our Brooklyn lawyers at Leeds Brown can provide the help workers need. Our counsel has helped thousands of hard-working men and women. We’ve assisted victims of wage theft to obtain positive results when their employers keep their pay.
It’s astounding just how frequently wage and hour violations take place. Protect your rights by becoming familiar with them. It may help you recognize issues with your wages. We are able to give you advice regarding how to move forward with your unpaid wage claim. Attorneys at Leeds Brown can help you collect tips, overtime, and back pay your employer owes you and your co-workers.
Presently, the hourly minimum wage under the national legislation is $7.25. Brooklyn has a substantially higher minimum wage, that is on schedule to change every year through 2022. It is the higher wage that dominates in any given scenario.
At times, employers refuse to compensate employees for their hours. This often causes hourly rates to drop below the minimum wage. Companies often count on workers’ readiness to accept what they are able to get and pay them well under the legal rate. In any event, workers are lawfully entitled to obtain the entire amount of the applicable minimum wage for the time spent doing work.
Businesses are required to pay workers for all of the hours they spend carrying out work. When employees work in excess of 40 hours in a week, those hours are called overtime. Overtime work gets a special level of pay at the amount of one-and-a-half times the regular rate of pay. Non-exempt workers and that is most, should get overtime wages.
Even though the laws mandate overtime pay, many employers will do anything to get around paying it. Misclassification of employees as exempt under one of the narrow FLSA exclusions is one way. Many other companies just will never pay for overtime hours even though there is no legal reason for them to refuse. One justification companies offer workers is they never authorized overtime work and so, don’t need to pay. Several employers believe that they don’t need to pay for obligatory training or meetings. Not including all of the employees’ work time is a method of shaving time. This is another way employers cheat employees out of overtime pay.
Declining to pay workers overtime violates laws. Guilty employers frequently have to pay workers additional damages, as well as unpaid wages. Companies may be forced to pay liquidated damages, civil penalties, and attorneys’ fees.
Food-service and hospitality employees frequently contend with tip theft. It is very problematic. In Brooklyn, tips belong to employees. Tips don’t belong to restaurant owners or managers.
Employers often try to set up illegal “tip pools” that compel employees to share with ineligible employees. For tip pools to be 100 % legal, they have to only include regularly tipped employees. Regularly tipped workers are the ones who get at least $30 each month in gratuities. For example, line cooks, dishwashers, and prep cooks may not take part in tip pools with servers, waitresses, and bartenders.
Employers can take part of gratuities in very specific situations. For example, employers may take pro-rated amounts from tips to put them toward charge card transaction service fees. They may only do this when customers put tips on cards. Technically, the money isn’t going to the employers. Any sum taken off should be going to the company asking for the financial transaction fees.
Helping workers keep gratuities is just one of Brooklyn’s priorities. “Service charges” that show up on a party invoice, for example, are believed to be for the workers, not the restaurant owners. Specific notice must be provided to customers before employers are allowed to pocket service charges. The employers must inform customers specifically that the funds are not for tips. If companies do not give the correct notice, workers may have the legal right to recover the money.
There are also tip-credit regulations that permit companies to pay tipped workers lower than the standard minimum wage for their hourly rate. Computing the right tip credit and the appropriate cash wage may be difficult. Businesses often use the improper numbers and miscalculate wages. The outcome is employees being given lower pay than the rules require.
Just think about the numerous ways that employers pilfer wages. Some of them violate the FLSA by failing to pay overtime when workers put in more than forty hours of work per week. At times, companies don’t give tips to the workers who earn them. Employers might also ignore the ten minutes spent every single day on the premises getting your office ready for action. Even minimal wage violations cost money to you. Simply no magnitude of wage theft should be accepted.
If you think you have minor issues, make an effort to handle them by speaking with someone at your job. Try the human resources team, payroll office or your boss. Sometimes clerical slip-ups or oversights cause issues. It may be easy for somebody to fix the issue. Be sure that if your employer has formal policies with which to comply, that you take steps to do so.
If you’re unable to take care of the problems, think about talking to Leeds Brown, seasoned unpaid wage attorneys representing clients in Brooklyn, and nationwide. The wages you make belong to you. We can help uphold your rights to retain them. We can also work with you when your employer retaliates against you in any way because of your unpaid wage lawsuit. Your employer is prohibited from firing, demoting, or threatening you for asserting your rights.
We are seasoned at helping workers safeguard their rights in lawsuits for unpaid wages, overtime, and tips. Give us a call to find out more. Find out if you have a valid lawsuit. We’re accessible by phone 24/7. Call unpaid wage attorneys in Brooklyn at 1-800-585-4658 today.
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