When employers in Mineola withhold wages, workers seek assistance from attorneys like the ones at Leeds Brown Law, PC.
Employees receive protection from federal laws like the Fair Labor Standards Act (FLSA). The FLSA addresses issues such as the legal minimum wage and overtime requirements. States may have laws that also regulate the wages and hours of workers, at times expanding the legal rights of workers. This is the case in New York State, including Mineola.
The laws make something very clear; wages are the property of employees. When employers do not pay legal wages, it is wage theft, and you may have the ability to collect the money that you’ve earned.
At Leeds Brown, our attorneys have extensive experience filing unpaid wage claims on behalf of workers in Mineola, and the New York metropolitan area. Thousands of people in all types of occupations have come to us in search of counsel. We’ve helped victims of wage theft get favorable results when their employees withhold their wages. It’s astonishing just how regularly wage and hour transgressions take place. Understanding your protection under the laws may help you safeguard your rights. Our lawyers can advise you about how to move forward with your claim for unpaid wages.
The unpaid wage lawyers New York Unpaid Wage and Overtime Lawyers at Leeds Brown Law, P.C. are waiting to take your call. Our lawyers can assist you to recover your legal pay, including overtime, back pay, tips and spread of hours pay. Whatever wages your employer owes, we can help you collect.
Presently, the hourly minimum wage under the federal legislation is $7.25. Our minimum wage in New York, including Mineola, is much higher than $7.25 an hour. It is expected to keep increasing in small increments for the next several years. The maximum applicable rate is the one that businesses have to pay to workers.
Sometimes, workers don’t get compensated for some of their hours. This frequently causes hourly rates to drop beneath the minimum wage. Employers often rely on workers’ willingness to take what they are able to get and pay well below the correct rate. You ought to get compensated for all of your time. You should get paid at least the legal minimum wage. If you are not, get assistance.
All the time spent doing work for your employer is compensable. The word “overtime” applies whenever workers work more than 40 hours per week. The excess hours are the overtime hours. Overtime work receives a special rate of pay at the rate of one-and-a-half times the normal rate of pay. Non-exempt employees, and that is most, should be given overtime pay.
Overtime wages can put monetary pressure on businesses, and some will do anything not have to pay workers this premium. Misclassification of exempt employees is one of the most widespread ways companies accomplish this. Other employers just won’t pay money for overtime hours even when there is no lawful basis for them to refuse. Employers, for instance, let workers work overtime and then refuse to pay. These companies use the excuse that they don’t have to pay overtime except in cases where they authorize the work. Some companies declare that they do not need to pay for mandatory training or meetings. There are also businesses who just don’t count a portion of the hours their employees perform the job. This iscalled shaving hours.
Violating overtime laws has repercussions for businesses. Workers may be able to recover several years of unpaid overtime as well as other damages from businesses that are taking their earnings. Additional recoveries may include attorneys’ fees. Employers may have to pay civil penalties too.
Theft of tips is problematic for a lot of employees in both the food service and hospitality sectors. Employees in Mineola should know that those tips belong to them. Managers, owners, and non-tipped employees usually are not entitled to any gratuities. Sometimes, employers require workers to create tip pools which include workers not eligible to get gratuities. Regularly tipped workers are the only ones who may be involved in tip pooling arrangements. Including non-tipped workers in tip pools causes them to be invalid. As an example, line cooks, dishwashers, and prep cooks may not participate in tip pools with waiters, waitresses, and bartenders.
In Mineola, businesses may take part of workers’ gratuities when customers pay by charge card. The money is expected to go towards transaction fees. The amount of money removed from tips in these situations isn’t going to the employers. They should be passing it on to the credit card providers.
Helping employees retain gratuities is among New York’s priorities. “Service charges” that appear on your check are assumed to be for the workers, not the employers. Specific notice has to be provided to patrons before employers can pocket service fees. Owners who would like to legally retain service charges must give clear notice to diners of their intent to do this. They must convey to diners that the funds are not for their waiters. If employers don’t give the right notice, employees may have the legal right to recover this money.
Laws about tip credits also leave ample room for employers to pay tipped workers lower than minimum wage. Computing the right tip credit and the proper cash wage can be challenging. Employers frequently use the completely wrong numbers and miscalculate wages. Unfortunately, workers are the ones that lose, getting less wages than their employers owe.
Employers have ample opportunity to underpay their employees. In some cases, they blatantly break the overtime requirements of the FLSA. In some cases, employers don’t give gratuities to the workers who are earning them. Employers may also refuse to pay for the time you must spend on the property getting yourself ready for work. Regardless of how minor the wage violations might seem, even minimal withholdings of your earnings add up.
If you feel you have small issues, make an effort to handle them by speaking with someone at your office. Try the human resources office, payroll office or your boss. It could be that simple oversight or a clerical mistake generated the problem. In this case, your wage issue might be easy to resolve. Abide by whatever guidelines your employer has in place to resolve controversies.
If your wage and hour predicament is persistent, consider getting help. Call Leeds Brown, experienced unpaid wage lawyers that represent clients nationwide, in New York State, and in Mineola. Your wages should be in your wallet. We can help you to get them. Your employer may not retaliate against you for asserting your legal rights. We can deal with unlawful retaliation as well. Your employer cannot target you, fire you or take additional wages as punishment.
With many years of experience, we understand what must be done to safeguard the legal rights of workers in all kinds of wage theft cases including those addressing overtime, minimum wage, and gratuities. Give us a call if you wish to know more. Learn right now if you may have an unpaid wage lawsuit against your employer. You can reach our unpaid wage attorneys in Mineola 24/7 by calling us at (800) 585-4658.
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