Employment Lawyers Help Workers in NYC Recover Unpaid Wages
Lawyers in NYC, like the ones at Leeds Brown Law, PC, help workers here in New York and across America when employers are withholding pay.
Workers receive protection from laws such as the Fair Labor Standards Act (FLSA) which is one of many national laws. The FLSA gives employees, among other things, the rights to earn minimum wages, overtime, and to retain their tips. New York and NYC, as well as other states and cities likewise, have laws and regulations relating to wages and hours that often broaden the legal rights the FLSA provides.
Labor laws and employment laws, both national, state and city, make it very clear that wages are the property of workers. Whenever companies don’t pay legal wages, like failing to pay overtime or minimum wage, it is theft, and you may have the right to recover that money.
At Leeds Brown, our lawyers have substantial experience filing unpaid wage claims for employees in NYC. We’ve represented thousands of hard-working individuals. Our goal is to obtain positive results for employees who are victims of wage theft.
It is amazing just how often wage and hour offenses occur. The best way to safeguard your rights is to understand them. We can give you advice on how to proceed with your unpaid wage lawsuit. Any earnings your employer has taken, overtime, gratuities, or other wages, our attorneys can help you get that income back.
Workers File Claims to Collect Unpaid Minimum Wage
$7.25 per hour is the current minimum wage under the FLSA. NYC and all its boroughs has a higher minimum wage than the FLSA. The rates are scheduled to change annually through 2022. When state and national law apply, and even city, the higher minimum wage prevails.
At times, businesses refuse to compensate employees for work hours. Why does it matter? Because once you are not getting paid for all your time, the hourly rate you are really earning can easily drop well below the minimum. Companies often rely on employees’ readiness to just accept whatever they can get and give them well under the appropriate rate. You ought to get compensated for all of your time. You should get paid at the very least the lawful minimum wage. If you don’t, get support.
Workers Filing Unpaid Overtime Claims in Order to Recover Wages Owed by Employers
Businesses must pay employees for hours they spend performing work. Hours worked in excess of forty during a workweek are known as overtime. All non-exempt employees who work overtime must be given overtime pay at the rate of one-and-a-half times their regular amount of wages.
There are companies who will stop at nothing to avoid their overtime responsibilities.
Misclassification of exempt employees is one of the most widespread ways businesses try this. Some others simply will not pay for the extra periods that employees work voicing “explanations” which have absolutely no merit. For instance, companies might declare that they did not give authorization to work overtime and, therefore, are not obliged to pay. Many companies will not compensate workers for activities that require mandatory participation, like training or meetings. There are even companies who simply don’t consider several of the hours their workers perform the job. This is what’s called shaving time.
Breaking overtime laws, unintentionally or purposefully, has consequences for businesses. Responsible employers often have to pay workers extra remuneration, together with unpaid wages. Employees can be given liquidated damages and attorneys’ fees. Companies may also be compelled to pay civil penalties in some cases.
Employees Should Keep Gratuities
If you are working in the food service or hospitality market, chances are you have been impacted by tip theft. Tips are wages in NYC and are the property of employees. Gratuities don’t belong to restaurant owners or managers.
Employers often try to set up illegal “tip pools” that compel workers to share with ineligible employees. The only employees legitimately able to participate in tip pools are the ones who regularly receive gratuities. For example, line cooks, dishwashers, and prep cooks may not be involved in tip pools with waiters, waitresses, and bartenders.
In NYC, employers may take part of employees’ gratuities when customers pay by charge card. The money is expected to go towards transaction fees. Officially, your money is not going to the employers. In reality, it is going to the credit card issuer.
NYC has another rule that helps employees preserve their tips. “Service charges” that show up on your invoice are presumed to be for the workers, not the employers. Employers may keep this money only if they have provided patrons explicit notice. Employers who wish to lawfully retain service charges must provide clear notice to patrons of their intent to do this. They have to tell patrons that the money is not for their servers. Absent proper notice to customers, businesses might have to turn that money to their workers.
Tipped staff members may also be subject to the utilization of tip credits which leads to a lower cash hourly wage than that which is normal. In theory, using tip credits plus the tipped minimum wage ought to provide lawful wages for workers. In practice, however, miscalculations and misapplications are the norms. The outcome is hard working people getting lower wages than the laws’ mandate.
Unpaid Wages – Get Help Collecting Yours
Underpaying workers is wage theft. Companies find many ways to keep income from their workers. Several take action in outright disregard for the regulations, such as the FLSA overtime guidelines. Sometimes, employers retain tips although tips are wages that belong to the employees who earn them. How about when your employer does not pay when you work through your break or when you stay late to finish something? Even small wage violations cost you money. Simply no magnitude of wage theft should be accepted.
Think about attempting to deal with small paycheck issues by meeting with your supervisor, human resources or payroll office. The issues might be the result of an innocent mistake. There might be an easy fix. In the event that there are formalized company procedures you must comply with, be sure you do so.
Contact Us to File Claims to Collect Unpaid Wages
When your wage and hour predicament remain unresolved, you will want help. Connect with Leeds Brown, seasoned unpaid wage attorneys representing clients nationwide as well as in NYC. You have the rights to retain the wages you make, and we can assist you to enforce them. Retaliation is prohibited, and we can also help if your employer has punished you for attempting to collect your lawful wages. Your employer can’t threaten you, fire you or take additional wages as punishment.
We have over 20 years of experience helping workers just like you recover wages, unpaid overtime, and tips. Contact us for more information. Know whether you may file unpaid wage claims against your employer. Call 1-800-585-4658 24/7 to reach NYC unpaid wage attorneys.
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