When businesses in New York and across America withhold pay, employees seek assistance from lawyers like the ones at Leeds Brown Law, PC.
The Fair Labor Standards Act (FLSA) is the national law that protects the legal rights of workers. The FLSA gives employees, among other things, the legal rights to receive a minimum wage, overtime, and to retain their tips. New York State, New York City, as well as other places, may likewise have laws governing wages and hours that frequently expand the rights the FLSA provides.
The laws make something very clear; wages are the property of workers. Neglecting to pay extra for overtime work and stealing tips are a couple of ways employers commit wage theft. Employees have rights to collect their wages.
Our attorneys at Leeds Brown have substantial experience handling unpaid wage lawsuits for workers in New York. Our firm has assisted thousands of hard working individuals like you. We have assisted victims of wage theft in getting good results when their employees withhold their money. Companies regularly violate wage and hour laws. It is the employees who suffer. Businesses disobey wage laws more than many people know. Safeguard your legal rights by understanding them. It can help you recognize issues with your wages. We are able to counsel you on the way to get your earnings.
The unpaid wage lawyers New York Unpaid Wage and Overtime Lawyers at Leeds Brown Law, P.C. are waiting to take your call. Lawyers can assist you to recover gratuities, overtime, and back pay your employer owes you as well as your co-workers.
The FLSA establishes the hourly minimum wage for the nation. Presently, the federal minimum wage is $7.25. New York and the NYC Metro area have substantially higher minimum wages which are on schedule to change each year through 2022. In a given situation, it’s the better applicable rate that prevails.
Sometimes, companies do not pay employees for all their work-time. The result? When the work-time is included, their hourly rate falls well below the legal minimum. Sadly, many employers take full advantage of workers who depend on their wages to get by each day. Businesses often exploit these employees and give them significantly less than lawful wages. Irrespective of how companies skirt minimum wage regulations, employees are entitled to their entire authorized earnings
All the time spent working for your employer is compensable. Hours worked in excess of 40 are classified as overtime. All non-exempt workers who work overtime must get overtime wages at the rate of one-and-a-half times their regular amount of pay.
Despite working hard for them, several employers will try their best to get around paying overtime to deserving employees. Misclassification of qualified employees as exempt is one of the ways companies try to do this. Several other businesses just will not pay for overtime hours despite the fact that there isn’t any legal basis for them to refuse. For example, businesses may claim that they did not give approval to work overtime and, therefore, aren’t obliged to pay. Employers may say to workers that they aren’t required to pay overtime for required nighttime instruction programs. Shaving time is yet another way that workers avoid meeting their overtime obligations. They just don’t take into consideration work that is in excess of forty hours.
Declining to pay overtime in these ways violates several wage and hour regulations. Guilty employers often have to pay employees extra damages, as well as unpaid wages. Companies may be made to pay liquidated damages, civil penalties, and lawyers’ fees.
Taking tips is wage theft and causes substantial problems for workers in food service and hospitality sectors. In New York, gratuities are the property of employees. Tips are not for business owners. Gratuities aren’t for managers. Tips are for the employees who are earning them. Businesses often try to establish illegal “tip pools” that compel employees to share with ineligible workers. The only employees lawfully permitted to be involved in tip pools are those who regularly get gratuities. Tip pools in eateries frequently include waiters and waitresses. They may not include employees who operate in the kitchen.
The rule in New York is that employers may deduct a portion of the transaction fees charged by credit card issuers when customers leave tips in this manner. They have to pro-rate the charge. For instance, employers may take 3% of the tip left when the credit card company charges 3% for the financial transaction. The pro-rated percentage is not really going to employers. In reality, it is the credit card issuers that will be receiving the money.
Helping workers keep gratuities is among New York’s priorities. There’s a presumption that service charges added onto catering contracts, hospitality or food service bills belong to workers, not the restaurant owners. Explicit notice must be given to customers before employers can pocket service fees. Owners have to be very clear that the money is not for their servers and they will pocket the money for the business or themselves. Absent proper notice to diners, companies might have to turn those funds over to their employees.
Regulations regarding tip credits also leave plenty of room for companies to pay tipped employees lower than minimum wage. Computing the proper tip credit and the correct cash wage may be confusing. Businesses often use the wrong numbers and miscalculate wages. Unfortunately, employees are the ones that lose, receiving lower wages than their employers owe.
Consider the numerous methods companies use to underpay their workers. Several behave in outright disregard for the laws, like the FLSA overtime guidelines. In other instances, employers retain gratuities which belong to their workers. Businesses oftentimes don’t pay employees when they work through breaks or arrive early. Even small violations of wage and hour rules can add up.
You may be in a position to handle small problems by speaking with your employer. Don’t assume all irregularities are caused by harmful intent. It is quite possible that innocent oversight or office mistakes caused your issue. Someone may be able to deal with the problem very easily. Some employers have official guidelines employees must follow if they have conflicts. Find out if you should do something specific.
Consider getting in contact with seasoned unpaid wage attorneys representing people in New York and across the nation, if you cannot sort out your wage and hour problem. Earnings belong to employees. You have rights that we can help enforce. We can also work with you if your employer retaliates against you in any way due to your unpaid wage lawsuit. You cannot be punished for seeking to recover your lawful wages. Your employer cannot demote you or fire you.
We have over 20 years of experience assisting employees just like you collect wages, unpaid overtime, and tips. Contact Leeds Brown today to find out more about enforcing your wage and hour rights. Determine whether you have a viable claim against your employer now. Reach out to our unpaid wage attorneys in New York by calling (800) 585-4658
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