Failure to pay Minimum Wage
You work hard to bring home a paycheck, and every dollar matters. Between debt, bills, food, and other expenses, employees cannot afford to compromise their access to the wages that they earn. Despite the many state and federal laws requiring employers to provide a minimum wage, many employers try to find loopholes around these laws and pay employees less than they deserve. At Phillips & Associates, our experienced wage and hour lawyers can help employees throughout New York City investigate a potential claim and seek the compensation that they deserve from employers engaging in misconduct.Understanding the Right to a Fair Minimum Wage
As of December 31, 2014, the State of New York raised the minimum wage to $8.75 per hour. This minimum wage applies to domestic workers and farm laborers with the same force as to other industries. With a few exceptions, employers must display a poster providing information to employees about the minimum wage laws. Industries that make allowances for lower wages can set a minimum wage according to employers’ ability to allocate a portion of employees’ tips to the fulfillment of the minimum wage requirement.
In addition to the state minimum wage law requirement, a series of New York State Industry wage orders provide for additional minimum wage-related rules. For example, the wage orders include a part-time rate, daily call-in pay, and a rate for split shift or spread hours. A specific wage order applies to each industry and is tailored to the unique circumstances that affect workers within that industry.
When it comes to overtime, employers are required to provide employees with one-and-a-half times their regular wage for each hour worked over 40 hours in a workweek. If an employer asks an employee to wear a specific uniform, the employer cannot require the employee to pay for the cost of the uniforms.
The New York State Department of Labor provides many tools that employees can use to investigate and enforce their rights when it comes to receiving the mandatory minimum wage. The Department assists workers with collecting unpaid minimum wages from employers, which can be accomplished in some instances without resorting to a court proceeding. In many circumstances, however, an employee must initiate a lawsuit in order to hold an employer responsible for the wages that it owes the employee.
In the event that an employer is found liable for violating New York’s minimum wage requirement, the Labor Commissioner may require an employer to provide the employee with minimum wage underpayments, in addition to interest and civil penalties that may amount to up to 200 percent of the employee’s unpaid wages.Seek Legal Representation for a Wage and Hour Claim in New York City
If you suspect that your employer is not providing you with the salary that you deserve, Phillips & Associates can help. Our New York City attorneys have guided employees through wage and hour as well as overtime claims and other forms of legal action against their employers. Many individuals across all five boroughs of the city have enlisted our assistance, including people from Brooklyn, Staten Island, and Queens. We treat every case with the individual attention and compassion that it deserves and can fight for your rights from beginning to end. We offer a free consultation, so you have nothing to lose. Call us now at 1-212-248-7431 or contact us online to schedule an appointment.
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