Wage and Hour Violations

Know when your rights as a work are violated

The minimum wage in New York State is $8.75 per hour.  Most employees are entitled to this minimum wage and overtime pay in the amount of 1 ½ times their hourly wages for all hours worked over forty (40) in a workweek. Certain exceptions may apply if under the law, for example, you are a salaried or tipped employee. However, many employers tell employees that they are not entitled to the minimum wage and overtime because they fall in one of these categories but in reality the employer is misclassifying these employees and avoiding paying them a higher wage, overtime, and other employment benefits.

We advocate for employees whose rights under the federal and state wage and hour laws are being violated.  You may have a wage and hour claim if your employer is doing any of the following:

Minimum Wage: Failing to pay you the minimum wage of $8.75 per hour under New York law ($7.25 under federal law)

Overtime: Failing to pay you overtime wages in the amount of 1 ½ times your hourly rate for all hours worked over 40 in a workweek

Deductions: Deducting money from your paycheck (or cash payments) if that deduction is not for your benefits. Some examples include deductions for mistakes (e.g., broken or missing equipment/tools), uniforms, use of tools to perform your job (e.g., kitchen knives, utensils), chargebacks, or as a form of discipline.

Uncompensated Work Time: Failing to pay you for all hours worked (i.e., time spent for the benefit of your employer), including work performed "off the clock" (i.e., not reflected on a punch card or other timekeeping system).

Spread of Hours Pay: Failing to include an extra 1 hour of pay when you work more than ten (10) hours in a day.

Independent Contractors: Classifying you as an Independent Contractor rather than an employee when your employer controls the work you are performing (such as the manner in which you do the work)

Notice of Wage Rates: Failing to provide you with an annual Notice of your wages and exempt/non-exempt status, and failing to provide you with statements accompanying your wages identifying your rate of pay, the basis for your rate of pay (e.g., hourly, salary, shift, day, week, piece, commission, and allowances), gross wages, wage deductions and net wages paid.

Tipped Employees: Treating you as a tipped employee and paying you a subminimum wage when more than 20% of your work time is spent doing work for which you do not receive tips (e.g., a food delivery work who spends a large part of the day prepping food, cleaning, distributing menus, etc.)

Commissioned Employees: Failing to provide you with a written and signed Commission plan and not compensating you for commissions earned on work performed

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