Attorneys, like the ones at Leeds Brown Law, PC, assist workers in Nassau County and across the country when employers are withholding their pay.
The federal law that protects the legal rights of employees is known as the Fair Labor Standards Act or the FLSA, for short. The FLSA bestows the rights to receive at least the minimum wage, to earn overtime, to retain gratuities, and more. Counties like Nassau are in areas that can have wage and hour laws and regulations that expand the rights bestowed by the FLSA.
Employment laws and labor laws unequivocally state that wages belong to workers. Whenever employers do not pay lawful wages, it’s wage theft, and you have the legal right to collect the money that you’ve earned.
Employees in Nassau County who would like lawyers with practical experience to help file their unpaid wage claims look no farther than Leeds Brown. Thousands of hard-working men and women have benefited from our representation. We have helped them to secure positive outcomes when their employers withhold or steal wages. Wage and hour laws are disregarded far too often. The best way to protect your legal rights is to understand them. We are able to counsel you regarding how to move forward with your unpaid wage lawsuit.
The unpaid wage lawyers New York Unpaid Wage and Overtime Lawyers at Leeds Brown Law, P.C. are standing by to take your call. Our lawyers can help you recover your wages including overtime, back pay, tips, and distribution of hours pay. Whatever wages your employer owes, we can help recover.
The FLSA establishes the hourly minimum wage for the nation. At present, the national minimum wage is $7.25. As mentioned earlier, counties like Nassau, cities and states can have regulations that enhance but don’t reduce the rights granted by the FLSA. In Nassau and the NYC Metro area, New York States has established minimum wage rates which are above the ones in the FLSA. They are scheduled to increase annually through 2022. If the federal and local minimum wages apply, the worker is eligible to get the highest rate.
However, often times employers won’t pay fully for the hours their employees do the job. Why does it make a difference? Because once you do not get compensated for all of your work-time, the hourly rate you’re actually earning can easily drop well under the minimum. Workers in many cases are compelled to simply accept lower than minimum wage as their employers know they would like to keep their jobs. No matter how companies skirt minimum wage regulations, workers deserve their full lawful wages
Employees are entitled to compensation for all the time they spend doing work for their employers. When employees work in excess of 40 hours per week, those hours are classified as overtime. Exactly how much is overtime valued at? To determine overtime, companies should multiply the regular rate of pay by 1 1/2. This is the amount workers should be given each hour for overtime work.
Despite working hard for them, several employers will try their hardest to get around paying out overtime to deserving employees. Since some salaried managers, administrators, professionals, and executives are exempt from receiving overtime, many employers try and put workers in these groups. However, many of these exempt workers are in fact misclassified and should really be receiving overtime. Many other employers just will never pay for overtime hours even though there is no lawful basis for them to refuse. One pretext companies give workers is they never sanctioned overtime work and so, don’t have to pay. Businesses may tell employees that they do not have to pay overtime for obligatory evening training sessions. Shaving hours is yet another way in which employees avoid fulfilling their overtime responsibilities. They just don’t take into consideration work that surpasses 40 hours.
Declining to pay workers overtime breaks laws. Businesses may be responsible for having to pay employees for all the overtime they declined to pay in addition to additional wages. Employees can be given liquidated damages and lawyers’ fees. Businesses may also be made to pay civil penalties in some instances.
For those who work as food servers, tip theft leads to significant problems. Gratuities are wages in Nassau and are the property of workers. Don’t allow proprietors or managers of the establishment where you work take your tips. Tips don’t belong to them. Businesses often attempt to create illegitimate “tip pools” that force workers to share with ineligible employees. For tip pools to be 100 % legal, they have to only involve regularly tipped workers. Regularly tipped employees are the ones who get at least $30 per month in gratuities. Non-tipped staff like chefs, line cooks, and dishwashers may not take part in any tip pools with tipped workers like waiters and bartenders.
Nassau County 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 charged by the credit card banks and deduct comparable amounts from the gratuities. Officially, your money isn’t going to the employers. Really, the money is going to the charge card companies who charge the fee.
Employees in Nassau County benefit from one protection somewhat exclusive to hospitality, food service and hotel workers here. Have you ever been out with many people and your bill says “service charge included?” Who gets that money? In Nassau, that money is presumed to be for the employees who served you. Specific notice has to be provided to patrons before the business owners can pocket service charges. That the money won’t go to the staff and that the money is not for gratuities has to be clearly told to the customers. Without the right notice, that money may belong to the workers.
Tip credits make it possible for employers to pay tipped workers a lower cash wage in comparison to the customary hourly minimum wage. In theory, making use of tip credits and the tipped minimum wage ought to provide legal wages for workers. In practice, however, miscalculations and misapplications are the norms. The outcome is workers being given lower wages than the regulations require.
You can find limitless ways that companies underpay workers. In some cases, companies commit blatant violations of overtime rules. Sometimes, employers hold gratuities even though gratuities are earnings that belong to the workers who are earning them. What about if your employer does not pay if you work through your break or if you remain late to complete something? After a while, small withholdings of your lawful earnings will add up to significant monetary cutbacks.
If you believe you have minor issues, make an effort to address them by meeting with a person at your job. Try the human resources department, payroll department or your manager. Not all problems develop from wicked intent. It is possible that innocent oversight or paperwork errors triggered your issue. In this case, your wage issue may be very easy to deal with. In the event that there are official company procedures you need to comply with, make sure you do so.
When your issue persists, speak with Leeds Brown, experienced lawyers in Nassau, helping clients file unpaid wage claims. We can assist you to enforce your legal rights to get legal wages. We can also assist you when your employer retaliates against you in any way because of your unpaid wage lawsuit. You cannot be demoted, terminated or otherwise punished for trying to get your wages.
With many years of successful outcomes, we understand what is required to protect the rights of workers in all sorts of wage theft lawsuits including those addressing overtime, minimum wage, and tips. Call now for additional information. Learn now if you may have an unpaid wage lawsuit against your employer. You can contact unpaid wage attorneys in Nassau County 24/7 by calling us at (800) 585-4658.
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