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At the heart of wage and hour disputes is one simple idea: Fairness.
You don’t need a research study to know that New Yorkers rank amongst the hardest workers in the country. But studies have confirmed that the average New Yorker’s work week is nearly 50 hours, with more than 6 hours spent commuting, on average. What makes matters worse for these hard workers is employers who fail to pay their workers their dues, which can include overtime wages, bonuses, earned commissions, or any other legally required compensation.
Wage and overtime disputes include a plethora of potential violations that could result in an employer failing to comply with both federal and state regulations. Federally, employers must comply with the Fair Labor Standards Act (FLSA). The FLSA is the federal statute that governs minimum wage, overtime pay, record-keeping, and child employment standards that affect employees working in both the private and public sectors.
Under state law, employers must also follow the rules and regulations set forth by the New York State Department of Labor (DOL). The DOL is the administrative agency that covers workers’ rights with respect to minimum wage, hours of work, child labor, illegal deductions, misclassification of employees, wage supplements, mandatory overtime, as well as many others.
MINIMUM WAGE VIOLATIONS
New Yorkers are looking forward to basic minimum hourly wage rate increases over the next several years. It will be crucial for employees to monitor their paychecks to ensure that they are being paid what is required under the law.
Firstly, what is a wage? A wage is a payment for work performed on a specified basis and can include hourly wages, commission, salary, piece rates, tipping (tip pooling or sharing), or contingencies.
The minimum wage laws vary depending upon the size of the employer and location of the employee:
– In New York City, the minimum wage has increased to $15.00 per hour for employees of companies with 11 or more employees after December 31, 2018, and the following year, increased to $15.00 per hour for employees of companies with 10 or fewer employees after December 31, 2019.
– The remainder of downstate New York will see the increase to $15.00 per hour in two years – after December 31, 2021.
– The rest of New York increases to $12.50 per hour at the end of this year, after December 31, 2020.
– Federal law will preempt state law, meaning federal law will govern if the federal minimum wage is set to a higher rate than New York State’s rate.
Employers are not permitted to pay less than the minimum wage set forth by law. Yet, this still happens more often than you think. If any worker recognizes that she has been paid less than the federal or state minimum wage, she may be entitled to additional compensation. Unpaid workers must safeguard their rights and fight for their fair wage – something that they can do by discussing their issues with a qualified attorney.
OVERTIME VIOLATIONS
Under the Fair Labor Standards Act, overtime pay is calculated at a rate of one-and-a-half times (1.5x) an employee’s regular rate of pay for hours worked in excess of a 40-hour workweek. Under
the New York State salary threshold, employees who earn less than $832 weekly or $43,264 per year are entitled to overtime hours. Part-time appointments will not be pro-rated, however.
The most common overtime violations are underpayments, being forced to work “off the clock” or “under the table”, and misclassifications as “exempt” from overtime, which could lead a worker to lose out on wages she lawfully and rightfully earned. These violations allow the employer to retain the portion of the employees’ salary that should have been disbursed. Furthermore, an employer’s failure to accurately document and pay for all hours an employee works could lead to a costly overtime violation. If you are not being fairly compensated for the hours that you are working above 40 hours, you should carefully consider whether legal representation will help you earn what you deserve.
OTHER WORKPLACE VIOLATIONS
There is a wide array of related workplace violations that an employee may have suffered. If something feels as though it is unfair, it may be prohibited by law. Common workplace violations in the wage and overtime area of law include:
- Failing to pay for job-related training;
- Failing to pay for an employee to change into protective equipment;
- Failing to pay for breaks under 20 minutes in duration;
- Failing to pay overtime at the rate of 1.5x;
- Falsely classifying a worker as an “independent contractor” when they do not qualify as such;
- Failing to pay for weekend work, including answering phones and emails (which constitute as “work time” if it is work related); and
- Failing to pay for “on call” workers
CONTACT SHALOM LAW, PLLC TO LEARN MORE ABOUT YOUR RIGHTS
If you suspect that you are the victim of a wage or overtime violation, please contact our offices at (718) 971-9474 to speak with an experienced attorney who can help protect your rights and get you the compensation you deserve. In many cases, employees don’t even realize that they are being taken advantage of until the damage is already done. In some instances, so many employees are wronged that the court will certify a class action lawsuit to proceed against a larger employer.
Fee arrangements vary depending upon the need of the client and what is affordable, including hourly fees, contingency arrangements, fee schedules, or a combination. Our office can provide legal advice regarding these issues, and can also speak to you about related workplace disputes, including child labor violations, sexual harassment in the workplace, workplace discrimination, “reverse discrimination”, personal injuries, Workers’ Compensation, wrongful termination claims, and many others.
This memorandum relates to general information only and does not constitute legal advice. Facts and circumstances vary. We make no undertaking to advise recipients of any legal changes or developments.
