New York City Wage and Hour Violation Attorneys
Each year, American workers lose between $40 billion and $60 billion to unpaid wages. That figure dwarfs the approximately $5.5 billion in total losses from burglary, robbery, and identity theft combined.
Wage theft can take many forms, including:
- Failure to pay the minimum wage or overtime
- Tip theft
- Failing to pay for all hours worked
For workers that are the victims of wage theft, there are federal and state laws designed to protect them.
If you suspect that your employer is not compensating correctly for your job, the obvious first step is to talk to your employer. However, in case that doesn’t help, it may be time to involve a lawyer. A seasoned wage violation lawyer at Brown Kwon & Lam will fight for your rights and ensure you receive the compensation you deserve.
When it comes to wage violation lawsuits, time is of the essence. You will want to gather as much evidence as possible to support your case. In this regard, a wage and hour attorney will offer advice and guide you in the right direction.
Understanding Your Rights Under Wage & Hour Laws
Navigating the complexities of wage and hour laws can be daunting, but knowing your rights is crucial for protecting yourself in the workplace. As an employee in New York, you are entitled to fair compensation for your work, including overtime pay and the minimum wage. Our experienced attorneys at Brown Kwon & Lam are dedicated to empowering you with the knowledge you need to advocate for your rights.
Here are some key rights and protections under New York wage and hour laws:
- Right to Minimum Wage: Every employee is entitled to receive at least the state-mandated minimum wage, which is subject to periodic increases.
- Overtime Pay: If you work more than 40 hours in a week, you are entitled to receive 1.5 times your regular pay rate for those extra hours.
- Meal and Rest Breaks: New York law requires employers to provide meal breaks for employees working shifts longer than six hours.
- Protection Against Retaliation: Employees who report wage violations or seek legal recourse are protected from retaliation by their employers.
- Right to Keep Your Tips: If you work in a tipped position, your tips are your earnings, and employers cannot take them away from you.
Understanding these rights not only helps you recognize when violations occur but also equips you to take action. If you believe your rights have been violated, our team is ready to assist you in seeking justice and compensation. Don’t hesitate to reach out for a consultation to discuss your specific situation.
Helpful Resources
Wage Theft Prevention Act
In 2011, New York enacted the Wage Theft Prevention Act, requiring employers to give written notice of wage rates to each new hire.
The written notice must include:
- Rate or rates of pay, including overtime rate of pay when applicable
- How the employee is paid (by the hour, salary, etc.)
- Regular payday
- The official name of the employer and any other names used for the business
- Address and phone number of the employer’s main office or location
- Allowances taken as part of the minimum wage, such as tips and meal and lodging deductions
Under the law, the employee must receive their notice in English and in the employee’s primary language.
Minimum Wage Violations in New York
According to the New York State Department of Labor, the minimum wage is $15 per hour for businesses of any size in New York City. In Nassau, Suffolk, and Westchester counties, it is $15 per hour, while in the remainder of the state, it is $13.20 per hour. These rates differ for those in the fast food industry and those who receive tips.
Overtime Violations in NY
When you are an employee who is able to work for overtime pay, you expect to receive those wages. But when that doesn’t happen, you may feel betrayed by your employer.
New York has strict regulations on overtime violations including:
- Those who are permitted to receive overtime pay must be compensated at the rate of 1½ times the employee’s regular rate of pay for all hours worked in excess of 40 hours in a workweek
- Compensation for overtime violations in the form of back pay, damages caused by the failure to pay overtime rates, and attorney’s fees if applicable
Tip Theft in New York
If you are a server, bartender, or hospitality worker in New York City, you probably rely on tips for the majority of your income. But when your employer doesn’t clearly explain the business tip process, they may be cheating you out of your rightfully earned money.
In New York City, employers may follow tip sharing, tip pooling, and/or the tip credit system. When done correctly and conveyed to employees appropriately, this is not an issue for businesses or employees. But, when an employer does not follow state protocol correctly, tip theft may occur.
Unpaid Wages and Illegal Deductions in New York
If you are not being paid for all the work you do, you need legal guidance.
Such cases of unpaid wages may include:
- Your employer did not pay you for all hours worked including job training
- Your paycheck bounced due to insufficient funds
- You did not receive all tips earned
- Your rate of pay was lowered without notice
In addition, in New York, your employer cannot take illegal deductions from your pay.
These may include:
- Breakages
- Shortage of cash
- Fines
- Business loss
- Deductions not listed in Section 193 of the Labor Law
- Charges for check replacement
- Overcharges for paid family leave
You work hard for your paycheck. Don’t let an employer take advantage of you, resulting in unfair payment. If you have a wage and hour claim against your employer, we can help.
Contact Our Wage and Hour Attorney
When you need an experienced wage and hour lawyer near you to help you navigate unpaid wage laws in New York. Contact Brown Kwon & Lam for a dedicated attorney near you.
Contact Brown Kwon & Lam or call (212) 295-5828 if you believe you have a wage and hour violation.
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Do not hesitate to reach out to the wage and hour lawyers at Brown Kwon and Lam with your case. Our legal team will stand by your side and help you seek justice.