New York Wage & Hour Lawyers

Workers in New York, New Jersey, Pennsylvania, & Florida Are Entitled to Minimum Wage & Overtime

When you go to work, you anticipate receiving your paycheck according to the law so you can support yourself and your family. You should not have to deal with an employer who doesn’t pay you in accordance with applicable laws. Wage and hour claims may involve failures to pay minimum wage, failure to pay overtime, meal and rest break violations, illegal deductions, and more. If you believe your employer failed to pay you as required under federal, state, and local laws, you should call the tenacious wage and hour lawyers in New York City at Phillips & Associates, PLLC. We use the strongest available strategies to seek the best results for each and every one of our clients.

Understanding your rights as an employee is crucial. Employers must comply with stringent laws designed to protect workers. Knowledge of these laws can prevent employers from exploiting workers' lack of awareness. By familiarizing yourself with the necessary legislation, you empower yourself to stand up against unfair practices. Consulting professionals like those at Phillips & Associates, PLLC can provide insight and assistance in navigating your claims successfully.

Contact our New York City wage and hour lawyer by calling (866) 229-9441 today!

Contact Phillips & Associates, PLLC About Your Wage & Hour Lawsuit

In New York City, employers are required to abide by numerous federal, state, and local laws. The New York State Minimum Wage Act, along with minimum wage orders and the Minimum Wage Standards for Farm Workers, sets the minimum wage. Currently, the minimum wage is $15 per hour. If you were not paid following the state's minimum wage rules, you can claim the improperly withheld wages.

It is critical to keep detailed records of your hours worked, pay received, and any communications with your employer regarding wages. These records can be invaluable when making a claim. Employees should become familiar with the Fair Labor Standards Act (FLSA) and New York Labor Law to ensure they are receiving all wages due. Employers sometimes fail to compensate for travel or on-call time, which are areas covered under these laws.

Attorneys for Overtime Claims in New York

Most workers are entitled to overtime pay with certain exceptions. Overtime is calculated at 1 ½ times your pay for each hour worked over 40 hours a week. There is no legal restriction on how long an employer can ask adults to work, but if you’re entitled to overtime, you should be paid for all hours you work over 40 in a work week. Certain industries are required to allow every employee to rest for at least 24 hours in a row. However, certain safety laws restrict work hours for truck drivers and others.

Employers may misclassify employees to avoid paying overtime. Understanding your employment classification is crucial, as misclassification can lead to unfair payment practices. Workers classified as independent contractors are particularly vulnerable to such discrepancies. Employees can consult a wage and hour attorney in New York City to verify classifications. Additionally, checking for legal provisions specific to your industry can reveal rights you may not know, such as mandatory rest periods and overtime statute applications.

If you weren’t paid overtime when it was owed, our New York City lawyers can file a wage and hour lawsuit to obtain compensation, along with liquidated damages, calculated as the same amount. The court can ask your employer to compensate you for overtime for three years before your claim, so it is critical to talk to a seasoned lawyer about your wage and hour claims if you believe you have grounds to sue. When overtime law violations are willful and intentional, your employer may be required to pay you punitive damages.

Can My Employer Force Me to Work Unpaid Overtime in New York?

In New York, it is illegal for your employer to require you to work unpaid overtime. Under the Fair Labor Standards Act (FLSA) and New York Labor Law, non-exempt employees are entitled to receive overtime pay at a rate of one and a half times their regular hourly wage for any hours worked beyond 40 in a single workweek.

If your employer requires you to work beyond your scheduled hours without providing overtime pay, they are likely violating these laws. It's important to know that not all employees are entitled to overtime pay; certain employees may be classified as "exempt" based on their job duties and salary level. However, if you are a non-exempt employee, you can receive proper compensation for all overtime hours worked.

A New York City wage and hour attorney may greatly benefit if you find yourself in a scenario where your employer is making you work unpaid overtime. They can assist in comprehending your legal rights, assessing your employment classification, and determining whether your employer's actions are lawful. They can also help you pursue a claim for any unpaid wages and file a complaint with the appropriate authorities.

Understanding Meal & Rest Breaks

You should be given proper meal and rest breaks. The meal break should be 30-60 minutes. This time period depends on the job you do, when your shift starts, and how long the shift is. In some cases, employees can take shorter lunch or meal breaks. Rest breaks usually need to be at least 15 minutes.

Employees often undervalue the importance of meal and rest breaks, which are critical for maintaining physical and mental health. Regular breaks can enhance productivity and job satisfaction. Workers should be informed about their rights regarding these breaks, as some employers may attempt to bypass regulations by suggesting that breaks are optional or unpaid. Documentation of denied breaks can support claims for compensation.

New York employers are prevented from illegally deducting from a worker’s wages. The rules can be slightly more complicated. For example, if you are a server who makes minimum wage, your employer may not be able to deduct from your pay because you broke a saltshaker. For another example, the cost of buying your uniform should not bring you below minimum wage.

Retaliation

Our wage and hour lawyers may be able to pursue damages against your New York City employer if it retaliated against you because you filed a complaint concerning wage and hour violations. Your employer may try to get you to accept less than your owed wages. This can include threats to assign you less work or threatening to fire you if you don’t stop asking for full payment or outright firing or demoting you.

Understanding the forms of retaliation is crucial for employees. Retaliation can manifest as subtle changes in job duties, unfavorable shifts, or exclusion from workplace activities. Not all employers visibly intimidate; some may resort to quiet tactics to pressure employees into dropping their claims or not raising issues at all. Keeping a detailed log of events leading to and following any complaint can support legal action against retaliatory practices.

Protect Your Rights as an Employee

Employees in New York City must be aware of their rights about wage and hour regulations. Employers must abide by local, state, and federal laws of minimum wage, overtime compensation, meal and rest breaks, and other matters. Sadly, some employers might attempt to break these regulations to take advantage of their workers.

At Phillips & Associates, PLLC, our team of qualified employment law attorneys is committed to defending the rights of workers in New York City. We can assist you if you think your employer has disregarded meal and rest breaks, failed to pay overtime, or otherwise broken wage and hour legislation. We’ll stand up for your rights and pursue the damages you are entitled to. Avoid being exploited by your employer. Speak with a knowledgeable wage and hour attorney at Phillips & Associates, PLLC right now to find out more about your legal options.

Understanding Your Paycheck: A Guide for New Yorkers

Understanding the details of your paycheck is crucial for every worker in New York. Your paycheck should clearly outline your wages, hours worked, and any deductions. It should also reflect overtime pay if applicable. Familiarizing yourself with the common terms and deductions listed on your paycheck can help you spot any inaccuracies or potential violations of labor laws. Ensure deductions align with those permitted by law, such as taxes and benefits like health insurance or retirement contributions. Being aware of these details can prevent unauthorized or excessive deductions from impacting your earnings. If discrepancies arise, address them promptly with HR departments or directly with your employer. Should the issue persist, it may be time to involve a New York wage and hour lawyer to protect your financial rights.

Consult a Seasoned Wage & Hour Lawyer in New York

If you are not being paid fair wages and overtime in New York, you need a trusted advisor. The New York City wage and hour lawyers of Phillips & Associates, PLLC may be able to represent you in a wage and hour claim arising from events in Manhattan, Queens, Brooklyn, Staten Island, the Bronx, Suffolk County, or Nassau County.

Frequently Asked Questions

What Is the Process for Filing a Wage Complaint in New York?

To file a wage complaint in New York, begin by preparing documentation of your employment, including pay stubs, timesheets, and any communication regarding hours worked or pay discrepancies. Next, contact the New York State Department of Labor through their website or local office. They will guide you through completing a formal complaint form where you will detail your allegations. Once filed, the department will investigate, which may involve interviewing you and your employer. Legal representation can also enhance your process through a more formalized complaint suited for a court procedure. 

How Do I Know If I Am Misclassified as an Exempt Employee?

Misclassification can affect your eligibility for overtime. The determination generally depends on your job duties and salary. Exempt employees usually perform executive, administrative, or professional roles with specific salary thresholds outlined by the FLSA and New York Labor Law. You might be exempt if your primary duties involve management, decision-making, or specialized skills and you earn a certain monthly salary. However, if your tasks are primarily routine and you do not meet salary requirements, you might be misclassified. 

What Should I Do If My Employer Retaliates for Filing a Wage Claim?

If you face retaliation, document all retaliatory actions, including communications and changes in job duties or work environment. Collecting evidence is crucial for proving your employer's unlawful actions. Report the retaliation to human resources and seek immediate legal consultation. A lawyer can help assess your situation and advise on filing a retaliation complaint with the necessary local or federal agencies. 

Can I Claim Back Pay for Unpaid Overtime in New York?

Yes, you can claim back pay for unpaid overtime in New York. The statute of limitations for filing a claim for unpaid wages is generally six years, allowing you to recover overtime owed within this timeframe. It’s essential to provide documentation, such as time cards and pay stubs, to substantiate your claim. Having accurate records will strengthen your position and aid in calculating the amount owed. 

How Does New York's Minimum Wage Work for Tipped Employees?

Tipped employees in New York are subject to a different minimum wage structure than non-tipped workers. Employers are allowed to pay a lower base wage, provided the total of the base wage and tips adds up to the full minimum wage of $15 per hour. For instance, if an employee does not earn enough in tips to reach the full minimum wage, the employer must compensate the difference. This ensures that tipped employees receive equitable compensation. Regular checks of tips and accurate reporting are crucial for compliance.

Related Pages

• New York Overtime Wage and Hour FAQs
• Compensation for “Off the Clock” Work
• Controlled on Duty Time
• Employee Misclassification
• Failure to pay Minimum Wage
• Fired for Complaining About Wages
• Independent Contractors & Employee Misclassification
• Notice Requirements Under the New York Labor Law’s Wage Theft Prevention Act
• Overtime for Attorneys Hired to Perform Document Review
• Prevailing Wage, Tip Credits and Misclassification
• Signing a Contract Saying I’m an Independent Contractor
• The Fluctuating Workweek and Failure to Calculate Regular Rate Properly
• Unlawful Deductions From Your Paycheck
• Unlawful Tip Pooling
• Unlawful Use of a Tip Credit
• Wage Violations in the Car Wash Industry
• Wage Violations in the Hair Salon Industry
• Wage Violations in the Nail Salon Industry
• Regulations Protecting Nail Salon Workers
• Wage Violations in the Restaurant Industry

Call us at (866) 229-9441or complete our online form. Our firm represents workers on a contingency fee basis. We offer free consultations.