New York Wage & Hour Lawyers
Workers in New York, New Jersey, Pennsylvania, & Florida Are Entitled to Minimum Wage and Overtime
When you go to work, you anticipate receiving your paycheck under 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 according with applicable laws. Wage and hour lawsuits 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 New York City wage and hour lawyers of Phillips & Associates. We use the strongest available strategies to seek best results for each and every one of our clients.
Contact our New York City wage and hour lawyerby calling (866) 229-9441today!
Call Phillips & Associates About Your Wage and 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, for example, sets minimum wage. Currently, the minimum wage is $15 per hour. If you were not paid in accord with the state’s minimum wage rules, you can claim the improperly withheld wages.
Attorneys for Overtime Claims
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 assuming you’re entitled to overtime you should be paid overtime for all hours you work over 40 in a work week. There are certain industries that are required to allow every employee rest for at least 24 hours in a row. However, there are certain safety laws that restrict work hours for truck drivers and others.
If you weren’t paid overtime when it was owed, our New York City lawyers be able to 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 prior to your claim, so it is critical to talk to a seasoned lawyer about your wage and hour lawsuit, if you believe you may have grounds to sue. When violations of overtime law 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 is requiring you to work beyond your scheduled hours without providing overtime pay, they are likely in violation of 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 have the right to receive proper compensation for all overtime hours worked.
A New York City wage-and-hour lawyer may be of great benefit if you find yourself in a scenario where your employer is making you work unpaid overtime. Skilled wage and hour lawyers in New York City can assist you in comprehending your legal rights, assessing your employment classification, and figuring out whether the actions of your employer are lawful. They can also help you pursue a claim for any unpaid pay and file a complaint with the appropriate authorities.
Meal and 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.
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 in connection with wage and hour violations. You employer may try to get you to accept less than the wages you’re owed. 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.
Protect Your Rights as an Employee
It's critical for employees in New York City to be aware of their rights with regard to wage and hour regulations. Employers must abide by local, state, and federal laws pertaining to minimum wage, overtime compensation, meal and rest breaks, and other matters. Sadly, some employers might attempt to break these regulations in order 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 and how we can support you in defending your employment rights.
Consult a Seasoned Wage and Hour Lawyer
If you are not being paid fair wages and overtime in New York, you need a trusted advisor and representative by your side. The New York City wage and hour lawyers of Phillips & Associates may be able to represent you in a wage and hour lawsuit arising out of events in Manhattan Queens, Brooklyn, Staten Island, the Bronx, Suffolk County, or Nassau County.
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.
Discrimination Lawyer Success
MORE THAN $250 MILLION RECOVERED FOR PAST CLIENTS
-
$1.8 Million Race Discrimination
Won a substantial $1.8 million verdict in the Southern District of New York for John Pardovani, with $800,000 in compensatory damages and $1,000,000 in punitive damages. This result was led by Jesse S. Weinstein and Gregory W. Kirschenbaum.
-
$2.2 Million Race Discrimination & Retaliation
Secured a landmark $2.2 million verdict in Rosas v. Balter Sales, et al., affirming justice for race discrimination and retaliation in 2015. Led by Greg Kirschenbaum.
-
$1.4 Million Religious & Sexual Orientation Discrimination
Achieved a groundbreaking $1.4 million verdict in 2012 for a chef facing religious and sexual orientation discrimination, marking the highest employment law verdict of the year. Bryan Arce was instrumental in this win.
-
$280 Thousand Race Discrimination
Secured a pivotal ruling in New York where a federal jury declared that the use of the N-word in the workplace is never acceptable, reinforcing workplace equality and respect.