NYC Wage & Hour Lawyer
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Wage and Hour Lawyer In New York City
Recently, news outlets ran several stories about restaurant and hospitality staff joining forces to advocate for higher wages and improved working conditions. Unfortunately, wage theft and other unfair practices occur in all industries—from waiters to construction workers to administrative personnel as well as professionals can become victims of exploitation by their employers.
Many employees are unaware that they may be missing out on thousands of dollars in wages to which they are entitled according to the laws of their state and city. At Spasojevich Law, P.C., our NYC wage and hour lawyer understands that wage theft is an issue impacting a broad array of workers. We strive to serve as both trusted confidants and outspoken advocates for those victimized by workplace exploitation across New York City. Contact our office today for a free consultation and to learn more about how we can help.
Types Of Wage & Hour Issues In New York City
Although the Fair Labor Standards Act may provide some wage and hour protections, New York State and City laws offer much more extensive workplace rights. Such privileges include but are not limited to:
General Wage & Hour
New York’s workers are guaranteed a minimum wage, plus overtime wages for any hours worked over 40 in one week. Additionally, New York law mandates payment for rest and meal breaks for some occupations, as well as extra compensation for on-call time or off-the-clock tasks such as putting on and taking off protective gear.
Wage & Hour For Restaurant Workers
With the majority of restaurant workers relying on tips for their primary income, New York City and State have enacted laws to ensure these employees are protected and can receive all their earned wages. These guidelines restrict employers from taking away or sharing tip money with anyone who is not eligible to earn it. That way, those who work in restaurants and hospitality venues will get precisely what they’ve been promised – a gratuity based on services rendered.
Prevailing Wage Laws
Tradespeople working on government and government-related contracts have legal entitlements to robust wages and benefits. In fact, some may be able to receive a prevailing wage of more than $40 per hour plus additional fringe benefits! Nevertheless, many tradespeople believe that they are receiving high levels of compensation when in actuality they’re losing out on thousands of dollars due to their unawareness of the rights afforded them.
Misclassified Workers
Although lots of us are aware that salaried employees do not get paid extra for working more hours, it doesn’t necessarily mean they don’t meet the criteria set by the Fair Labor Standards Act. Unfortunately, this misclassification is becoming much more widespread and especially among administrative professionals & computer tech workers. Do double-check with your employer to make sure you receive the overtime pay you deserve.
Independent Contractor Issues
Employers have been known to use the clever tactic of misclassifying their people as independent contractors, in order to dodge minimum wage and overtime laws. Nevertheless, employers cannot simply declare someone an independent contractor – this is not a legal mechanism that can be taken advantage of so easily. Just because your employer labels you as such does not make it true.
Unpaid Commissions
In many cases, employees and independent contractors who are commissioned have difficulty enforcing their rights to payment. But New York residents can be thankful for the number of state laws that provide protection against delayed or denied payments of commission earnings. These regulations guarantee the timely disbursement of commissions owed to workers in this situation.
Equal Pay Act
The Civil Rights Act and Equal Pay Act both forbid gender-based wage inequality in the workplace, yet they are two distinct laws with diverse remedies, criteria, and conditions. Regrettably, countless women have been unable to obtain justice due to not taking swift action on their rights. However, these crucial regulations remain available for those who choose to take advantage of them swiftly. If you feel that you’re not being paid what you deserve, contact our NYC wage and hour lawyer today for a free consultation.
Minimum Wage Laws in New York
Employers are lawfully obligated to compensate their employees according to the minimum wage. Nevertheless, certain states and cities like New York have set up a minimum remuneration that is higher than what the national government requires. Paying an employee below this amount constitutes a criminal offense so don’t let fear stop you from seeking out your worth. Our NYC wage and hour attorney at Spasojevich Law, P.C. possess a wide range of expertise concerning labor laws–federal, state, and local regulations included–to help those individuals not protected by state legislation obtain justice.
- Government employees
- Executives earning more than 75 times minimum wage
- Outside salespeople
- Taxi drivers
- Ministers
- Volunteers, students, and apprentices
Furthermore, since independent contractors manage their own businesses, they are not classified as employees and therefore do not fall under minimum wage law.
Overtime Pay In New York City
Be mindful of New York City’s Minimum Wage Orders and the federal Fair Labor Standard Act when understanding overtime regulations. If there is any discrepancy between these two laws, employers must provide their employees with maximum benefits by following the law that offers more practicality for them.
The New York Overtime Laws make it clear that any hours worked beyond the normal working week must be rewarded with compensation. Therefore, all employees who work more than 40 hours a week have an inalienable right to receive at least 1.5 times their regular applicable minimum wage as basic pay for overtime labor.
In New York, there are no restrictions on the number of hours an employee can work daily or for working more than a five-day week. That is to say, if they don’t exceed 40 hours in one week, employees may be requested to labor without being recompensed for overtime even if those hours surpass eight per day. Unlike other states that enforce limits on how many regular daily work hours must be accomplished before eligibility for extra pay kicks in.
Frequently Asked Questions
What is the Fair Labor Standards Act (FLSA)?
The FLSA (Fair Labor Standards Act) is a federal law that standardizes the minimum wage and obligates employers to pay overtime with no exceptions. The prevailing national rate for hourly wages currently stands at $7.25, however, New Yorkers benefit from higher state-sanctioned amounts – each employer must adhere to these orders set forth by the State Department of Labor as well as fulfill FLSA obligations concerning overtime payment.
What Is The Minimum Wage In New York?
New York State’s minimum wage is higher than the federal level set by the Fair Labor Standards Act (FLSA). But, employers are still required to comply with their local region’s regulations. The United States Department of Labor has detailed the following salary thresholds:
- Location Minimum Wage
- New York City $15/hour
- Long Island and Westchester $12/hour
- The remainder of New York is $11.10/hour
By 2021, Nassau, Suffolk, and Westchester county wages will be at the impressive rate of $15/hour. As for the rest of New York state, annual economic indicators will decide on minimum wage until it is also raised to $15/hour.
It is crucial to be aware that employees in the hospitality sector (bars, restaurants, hotels) abide by a different set of minimum wage requirements (check out the section on common wage violations in the restaurant industry beneath). Our knowledgeable NYC wage and hour lawyer represents those within multiple industries who might not have been provided with their due minimum wages.
What Do Unpaid Wages Include?
As an employee in New York, you are fully entitled to receive all the wages and benefits that you have earned – including bonuses, commissions, fringe benefits, and overtime pay. Moreover, these payments must be provided on time even after your employment has ended. If there is any unfair withholding of wages by your employer then you can claim it back through a wage and hour lawsuit to recover losses.
Moreover, any deductions taken from your paycheck without permission can be considered unlawful. Therefore, if you suspect payroll discrepancies on this matter, it’s best to speak with an experienced New York wage and hour attorney right away. An expert in unpaid wages has the skills necessary to ensure that you’re compensated for what is rightfully yours.
How Many Hours Can You Legally Work Per Day in New York?
Although New York law permits employers to require long shifts, they are not limited to any specific number of hours. For instance, a company can mandate 8-hour, 10-hour, or 12-hour (or longer) according to its own policy.
For nonexempt workers in New York, overtime regulations require that employees must be compensated for all hours worked over 40 during a payroll week. To highlight the importance of this policy, farm laborers qualify for time-and-a-half if they exceed 60 working hours per week. Thus, guaranteeing fair and equitable compensation to many types of workers across the state.
Contact Our New York City Wage & Hour Attorney Today
At Spasojevich Law, P.C., we are unafraid to take your case to trial. We have the aptitude and knowledge necessary to use evidence of retaliation and wage/hour reductions in order for your claim to carry considerable weight with a jury. Our NYC wage & hour lawyer feels strongly about achieving justice for unpaid wages, overtime claims, and other employment law-related issues that arise at work – we know precisely what it takes for you to acquire a favorable settlement both inside and outside of court. To hear an honest assessment of your situation without any costs involved whatsoever, get in touch with us directly through our free initial consultation.