Lawyers, like the ones at Leeds Brown Law, PC, help employees in Manhattan and across the US when employers are withholding their pay.
The Fair Labor Standards Act (FLSA) is the national law that protects the legal rights of workers. The FLSA gives workers, among other things, the rights to receive minimum wages, overtime, and to retain their tips. Manhattan and other places may likewise have laws and regulations governing wages and hours that frequently broaden the rights the FLSA provides.
Employment laws and labor laws unquestionably say that wages are the property of employees. Refusing to pay extra for overtime work and stealing tips are two ways businesses commit wage theft. Employees have rights to recover their wages.
Our lawyers at Leeds Brown have substantial experience handling unpaid wage lawsuits for workers in Manhattan. We have represented thousands of employees, performing work in a variety of industries. We have helped them fight to recover their earnings when their employers withhold pay. Violations of wage and hour laws happen with alarming frequency and often have the largest impact on low-wage employees. If you understand your general rights to recover wages, you might be able to shield yourself from wage theft. Our attorneys can give you advice 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 ready to take your call. Whenever your employer will not pay for overtime labor or takes your gratuities, our attorneys can assist you to recover these as well as other earnings your employer owes.
The hourly lowest wage under federal law is $7.25. Our minimum wage in Manhattan is significantly greater than $7.25 per hourd. It is supposed to continue increasing in small increments for several years. The maximum applicable amount is the one that employers have to pay to workers.
Sometimes companies don’t pay for all their employees’ time, even though they are doing labor. This often causes hourly rates to drop below the minimum wage. Sadly, many employers take advantage of workers who depend on their earnings to get by on a daily basis. Employers often exploit these employees and pay them significantly less than lawful wages. No matter how companies skirt minimum wage regulations, employees deserve their total legal wages
Employers are required to pay workers for the hours they spend doing work. Workers who work more than 40 hours per week are said to be working overtime. Employees should be given a premium if they work overtime. The laws say that overtime compensation is one-and-a-half times the standard pay rate. For instance, if you earn $10.00 an hour, your overtime rate should be $15.00 per hour. If you work 42 hours in a week, you should be given two hours of overtime pay.
Since overtime costs money to employers, some will stop at nothing to avoid paying for it. Because some salaried managers, administrators, professionals, and executives are exempt from earning overtime, many employers try to put employees in these groups. But, a number of these exempt workers are in fact misclassified and should really be earning overtime. Some others simply do not pay for additional periods workers work voicing “reasons” which have no merit. One pretext employers offer workers is that they never sanctioned overtime work and therefore, don’t need to pay. Many companies will not pay employees for things that require compulsory attendance, including training or meetings. There are even businesses who just don’t consider all of the time their workers perform the job. This is known as shaving time.
It’s unlawful to decline to pay overtime to eligible workers. Employees may get many years of unpaid overtime and other damages from businesses who are stealing their wages. Businesses might also owe liquidated damages, lawyers’ fees, and civil penalties.
Tip theft causes considerable problems for hospitality and food service employees. Workers in Manhattan should know that those tips belong to them. No owner or manager of a restaurant or bar may retain tips for themselves. Have you been invited to participate in illegitimate tip pools which involve ineligible employees? For tip pools to be appropriate, they have to only involve routinely tipped employees. Regularly tipped workers are the ones who receive at least $30 per month in tips. Tip pools in restaurants typically include waiters and waitresses. They may not include employees who work in the kitchen.
Manhattan will allow businesses to “take” part of gratuities in the following circumstance; when customers leave tips on credit cards, employers may pro-rate the fees imposed by the credit card banks and deduct equivalent amounts from the gratuities. The employers aren’t subtracting the money for their own use. It’s supposed to be going directly to compensate the charge card companies.
Hospitality workers benefit from another rule here in Manhattan. There’s a presumption that all service fees included with catering contacts, hotel or food service bills are the property of workers, not employers. Added service charges may be retained by employers if they provide explicit notice of their objectives to their customers. Owners need to be really clear that the funds are not for their waiters and that they plan to pocket the money for the business or themselves. When businesses don’t provide sufficient notice, they may have to give that money to the workers who served the patrons.
Tip credits enable companies to pay tipped workers a lesser cash wage in comparison to the normal hourly minimum wage. The method for this may be complicated, and companies commonly apply tip credits improperly. What happens? Employees get lower pay than the law necessitates.
Consider the numerous techniques businesses utilize to underpay their workers. Obvious legal violations aren’t unusual, like declining to pay overtime as the FLSA demands. In other instances, businesses keep tips for themselves or compel tipped employees to share them with ineligible kitchen employees. Companies can also refuse to pay for the 15 minutes you must spend on the property getting ready for work. Even small violations of wage and hour rules can add up.
Your employer may be able to help you if there are trivial problems with your pay. You cannot assume all issues are due to wicked motives. It is possible that simple oversight or office mistakes caused your issue. Somebody might be able to resolve the issue very easily. If your employer has formal processes you must comply with, follow them.
If you can’t take care of the issues, consider talking to Leeds Brown, seasoned unpaid wage attorneys representing people in Manhattan, and nationwide. You have rights to the money you earn, and we can help you enforce them. In the event your employer retaliates against you because of your unpaid wage lawsuit, we can also help with this. Your employer can’t demote you, fire you or steal additional wages as discipline for asserting your legal rights.
Our firm has decades of practical experience assisting employees just like you recover wages, unpaid overtime, and tips. E-mail or call us if you’d like to get more information. Learn today if you have legal claims against your employer. Contact Leeds Brown, Manhattan unpaid wage attorneys, by calling (800) 585-4658
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