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Wage and Hour Law

New York City Workers 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.

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.

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.

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. Call us at (212) 248-7431 or complete our online form. Our firm represents workers on a contingency fee basis. We offer free consultations.

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