Employees who think that their employers are withholding pay seek the help of lawyers who take on clients in NYC like the ones at Leeds Brown Law, PC.
Federal laws like the Fair Labor Standards Act (FLSA) give employees many rights. The FLSA gives employees, among other things, the rights to receive a minimum wage, overtime, and to keep their tips. States or localities, like NYC, may be subjected to additional wage and hour laws that broaden the legal rights bestowed by the FLSA.
Employment laws and labor laws unquestionably state that wages are the property of employees. Businesses that take away tips, won’t pay overtime or hold back money from employees, may be accountable for wage theft. After all, they are stealing income that belongs to you.
Workers seeking help filing unpaid wage claims in NYC, benefit from the substantial experience of the lawyers at Leeds Brown. We have assisted thousands of hard working people. We have helped them to secure positive results when their employers withhold or steal pay. Violations of wage and hour laws and regulations occur with surprising frequency and often have the greatest impact on low-wage employees. Protect your rights by being familiar with them. It can help you detect issues with your wages. We are able to give you advice about filing 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. Our lawyers may help you and your co-workers collect tips, back pay, overtime, the minimum wage, along with other damages owed by your employer.
The federal minimum wage is presently $7.25 per hour. States and cities such as NYC and the NYC Metro area have minimum wages that are higher than the federal amount. If the national and state minimum wages apply, the worker is entitled to receive the maximum rate.
Sometimes employers won’t pay money for all of their employees’ time, even though they are doing labor. This sometimes means you’re being paid well below the minimum wage if your work time was in fact properly calculated. For instance, if your boss pays you the hypothetical minimum wage of $5.00 per hour for 35 hours of work, your earnings should be $175.00. But, if you actually work 40 hours and your employer pays you $175.00, your hourly rate drops to $4.37 which is beneath the hypothetical minimum wage. Paying workers below the minimum wage is something that many companies do despite it being against the law. You ought to get paid for all your time. You should get paid at least the legal minimum wage. If you are not, get help.
You should be paid for every minute you spend performing work. Workers who work over 40 hours per week are said to be working overtime. Overtime work receives a special level of pay at the rate of 1 1/2 times the standard amount of pay. Non-exempt employees should be given overtime wages.
Overtime compensation can put monetary pressure on businesses, and some will do anything to not have to pay employees this premium. Misclassification of qualified workers as exempt is one of the ways businesses try and do this. Many other businesses just won’t pay money for overtime hours even though there isn’t any lawful basis for them to refuse. Businesses often convey to workers that they don’t need to pay overtime as they never gave permission to work overtime. Regardless of laws demanding they do so, you’ll find companies who straight up refuse to pay for their workers’ hours they spend at compulsory meetings or work-related training or education. Shaving hours is another way in which employees avoid meeting their overtime responsibilities. They just don’t take into consideration work that goes beyond forty hours.
Breaking overtime rules has implications for businesses. Employers might be liable for paying workers for all the overtime they declined to pay along with added money. Civil fees and penalties, attorneys’ fees, and liquidated damages can also be part of an award to employees.
If you’re employed in the food service or hospitality market, chances are you have already been subject to tip theft. Tips are wages in NYC and belong to workers. No proprietor or manager of a restaurant or pub may retain tips for themselves. At times, employers require employees to create tip pools which include workers not entitled to get tips. Tip pools are legitimate as long as all of the employees included are those who regularly receive gratuities. Legal tip pools may include employees who serve food and drinks, however, not employees who work within the kitchen.
NYC allows businesses to “take” part of gratuities in the following circumstance; when customers leave tips on credit cards, businesses can pro-rate the fees charged by the credit card issuers and subtract comparable amounts from the tips. The pro-rated portion isn’t really going to employers. Really, the money is going to the charge card companies who charge the fee.
Helping workers keep gratuities is just one of NYC’s main concerns. There’s a presumption that all service fees added to catering contracts, hotel or food service bills are the property of workers, not the restaurant owners. Extra service charges can only be kept by employers if they supply explicit notice of their objectives to their patrons. Owners must explain to the patrons that the fees are not tips to be distributed to the employees, but that the money will be kept by the business. Service workers may be able to collect that money for themselves when employers don’t give patrons the right notice.
Tipped individuals may be subjected to the use of tip credits which results in a smaller cash hourly wage as compared to that which is normal. The formulation for figuring out pay by using tip credits confuses many. It isn’t difficult to apply the amounts the wrong way. The outcome is employees receiving lower wages than the regulations require.
Employers that underpay their employees do it in lots of ways. Some violate the FLSA by not paying overtime when employees put in above 40 hours of work per week. In other instances, employers hold tips even though tips are earnings owed to the employees who are earning them. Businesses may also disregard the 10 minutes you spend every day on the premises getting your workspace prepared for action. Even minor wage violations cost money to you. No amount of pay theft should be okay.
You might be in a position to remedy small issues by meeting with your employer. The issue can be the consequence of a harmless mistake. In this case, there may be a hassle-free fix for you. A number of companies have formalized guidelines employees are required to follow when they have conflicts. Find out if you should do anything specific.
If you’re unable to take care of the problems, think about speaking to Leeds Brown, seasoned unpaid wage lawyers representing clients in NYC, and throughout the country. You have the rights to keep the wages you earn, and we can assist you to uphold them. We can also help if you ever come across retaliation by your employer. Your employer is prohibited from firing, demoting, or intimidating you for asserting your rights.
We’re experienced at helping workers safeguard their rights in claims for unpaid wages, overtime, and tips. You can find out now if you have valid unpaid wage claims. Simply call Leeds Brown, unpaid wage attorneys in NYC at (800) 585-4658.
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