Wage & Hour Representation You Can Trust. Contact Us Today (516) 447-3148
As the old saying goes, “an honest day’s work deserves an honest day’s pay.” Unfortunately, that’s not the case for many employees, including workers in the United States and right here in New York City. Thankfully, these days, workers no longer have to sit back and do nothing when they’re not being paid fairly. Each year, employment law in New York City is improving and providing employees with better options for fighting back against workplace misconduct, mistreatment and unpaid wages.
At Bashian & Papantoniou, P.C., our employment law attorneys have been serving clients in New York, New Jersey and Washington D.C., for years. Our legal team has more than 30 years of combined experience. As our clients’ testimonials prove, we have a long history of helping our clients reach the most favorable outcomes possible for their situations.
Call us at (516) 447-3148 or contact us online today to schedule a free and confidential consultation with our experienced wage & hour lawyers in New York City. Se habla Español.
Wage and hour issues generally involve employers violating the Fair Labor Standards Act (FLSA), which is a federal employment law. The FLSA establishes standards for federal minimum wage and overtime pay throughout the U.S.
For example, if an employer classifies hourly employees as salaried employees to avoid paying them overtime, depending on the details of the situation, that could be considered an FLSA violation. This is because in many instances, salaried employees are exempt from receiving overtime pay. For that reason, some employers will classify employees whose jobs require them to work overtime frequently as salaried, so that they don’t have to pay those employees overtime.
However, in many cases, that position shouldn’t be classified as salaried. In other situations, the position should be classified as salaried, but just because it is, it doesn’t mean that the salaried employee is always ineligible to be paid overtime.
The above is just one example of the many wage and hour problems that employees are faced with in the workplace. Bashian & Papantoniou, P.C. handles a wide range of wage and hour disputes, including but not limited to the following:
- Minimum Wage Violations
- Overtime Pay Violations
- Unpaid Commissions & Bonuses
- Employee Misclassification
- Unlawful Wage Deductions
In most cases, employees in New York are provided legal options for recovering unpaid wages. In New York, most workers are required to be paid minimum wage or more. Minimum wage for hourly workers in New York is $15.00 per hour. For workers who rely on tips as part of their wages, such as restaurant employees, minimum wage varies depending on factors such as the amount of earned tips, the industry, the size of the business, and where the business is located.
Generally, the minimum tipped wage in New York is $11.00 per hour. However, if the business has more than 11 employees on the payroll, the minimum tipped wage for their workers is $12.50 per hour. That’s just one example of how the minimum tipped wage can vary throughout NYC and the state of New York.
If you believe that your employer has not paid you properly, one way to recover your unpaid wages is to file a claim with the New York Department of Labor. The process for filing a claim with the NY Department of Labor involves the following:
- You must contact your employer to request your wages before you can file a claim. If your employer does not respond, you can file a claim with the NY Department of Labor.
- When you file a claim, you will be required to provide personal information, including name, social security number, address, and contact information.
- You will also be required to provide information about your employer, such as the name of the person you report/reported to, the name of the person who hired you, your employer’s name, address, and telephone number, and a contact person for your employer.
- Part of filing a claim will also involve providing information about your job, including the position you hold/held with your employer, the agreed upon salary, your current employment status with the company, and your employment dates. In addition, if you were part of a union, you will be asked if you sought help from the union regarding your wage claim.
- The final piece of information you will need to provide when you file a wage claim is information about your wages. This involves providing detailed information about the wages you are claiming were not paid.
Before filing a claim with the NY Department of Labor, you should speak with an experienced employment law attorney in New York. An attorney can make sure your rights are protected and that you do not do anything to endanger your claim.
Unpaid Overtime Wages in NYC
The FLSA requires that non-exempt employees be paid overtime in certain circumstances. Overtime pay is usually time and a half of an employee’s regular hourly wage, and circumstances where a non-exempt employee would be paid overtime generally involve anytime the employee works more than 40 hours in a week.
However, overtime rules vary depending on an employee’s classification, the industry, where the business is located, and other factors. That’s why there are several factors that can result in an employee filing an unpaid overtime claim, including but not limited to the following:
- Employee misclassification (exempt/hourly employees, non-exempt/salaried employees, and 1099 workers)
- Miscalculation of hours worked
- Failing to count work-related travel time or meal times involving work meetings as hours worked
If an employee is pursuing a federal unpaid overtime wage claim, they have two years to file an unpaid overtime lawsuit. If an employee is pursuing a New York state unpaid overtime wage claim, they have six years to file an unpaid overtime lawsuit.
Overtime pay in New York is complicated and includes several exemptions. Employees who are exempt are often unable to make an unpaid overtime claim or file an unpaid overtime lawsuit. However, there are sometimes exceptions that will allow exempt employees to recover unpaid overtime. Common exemptions include:
- Executive Exemption
- Administrative Exemption
- Professional Exemption
- Highly Compensated Employees Exemption
- Computer Employees Exemption
- Outside Salespeople Exemption
- Miscellaneous Workers Exemption
Before pursuing a federal or state unpaid overtime wage claim, you should speak with an experienced employment law attorney in New York about your situation. An attorney will be able to examine your situation, determine if you have a valid claim, and guide you through the process of holding your employer accountable and recovering the wages you’re owed.
Wage Disparities Due to Discrimination in New York
Unfortunately, even today, women, people of color, and other protected classes must still struggle to receive equal pay for equal work. Fortunately, there are laws that enable employees to fight back against this type of workplace misconduct and mistreatment. In these situations, workers can file a legal complaint for wage discrimination and/or an Equal Pay Act violation.
The Equal Pay Act was an amendment to the FLSA. It requires that employers pay men, women, and non-binary individuals equally for performing the same work.
Wage discrimination is illegal under the Civil Rights Act, Americans with Disabilities Act, and Age Discrimination in Employment Act. These laws make it illegal to pay a worker less due to their race, disability, national origin, color, age, or religion.
Minimum Wage Failures on Payment in NYC
Minimum wage failures on payment generally involve one of a few different forms of wage theft. First, it could be the result of an employer paying employees less than the minimum wage they are owed under the law. Second, it could involve an employer not paying their employees for all the hours the employees worked.
There are two ways that workers can recover unpaid wages. First, workers have the option to file a claim with the New York Department of Labor. After you file your claim, the NY Department of Labor will investigate and hold a hearing. If your claim is valid and proven, the hearing should result in the Department of Labor recovering any unpaid wages your employer owes you. Second, employees can file a lawsuit to recover unpaid wages. Filing a lawsuit can also result in employees recovering liquidated damages, which is an amount equal to the unpaid wages the employee was owed. For example, if an employee recovered $2,000 in unpaid wages, then the employee’s liquidated damages would be $2,000 as well. That would mean the employee’s total recovery would be $4,000.
No one should work and not receive their lawful compensation. Employees should be paid what they deserve and what they’re owed. When employees face hardships on the job or with their employers, our experienced team of employment law attorneys are ready to step in, fight for their rights and hold their employer accountable.
Our employment law attorneys at Bashian & Papantoniou, P.C. always prioritize our client’s rights. We know how to successfully guide employees through the legal process of holding dishonest employers accountable for workplace misconduct and mistreatment. Don’t accept the non-payment of wages or hours of work without lawful compensation. We will fight for you!
If you are in a wage and hour dispute with your employer, we can help you. Give us a call at (516) 447-3148 or reach out to us online today for a free and confidential consultation with our experienced employment law attorneys in New York City. Se habla Español.
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