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.