Most times, employers and businesses may not even be aware that they are violating the Fair Labor Standards Act or the New York Labor Law. In fact, many cases are simply just a case of employee misclassification, such as when an employer labels an employee “exempt” when they actually are not. Other times, employers may seek to get around the wage and hour laws by paying an employee a “salary,” and then claiming that the employee is not entitled to overtime. This is simply not the case, because whether an employee is entitled to overtime is dependent upon the nature of their duties and responsibilities, not the label given to them by their employer.
Likewise, many employees may not be aware that they are being paid illegally. Clearly, all employees are entitled to be paid at least the minimum wage applicable in New York State, but there are also many other requirements as well. For example, an employer may not make deductions from an employee’s wages to cover their own losses caused by breakage, or a similar reason. Employers must pay uniformed employees for the cost of laundering their uniforms, and must also provide regular meal and rest periods in accordance with the law. In New York City, most employees must be given a number of paid sick days. For those employees who travel throughout the day, employers must pay you for your travel time under certain circumstances, and even in some situations where you are doing nothing but waiting for work to be assigned to you.
Similarly, employers are still sometimes unaware how to operate and administera tipped employee’s wages in a manner that is in compliance with the Fair Labor Standards Act and the New York Labor Law. For example, it is typically illegal for any managerial employee to participate in a “tip pool,” or for an employer to force a tipped employee to share any part of his or her gratuities with another employee who is not one who customarily receives tips, or to include a mandatory “service charge” or “gratuity” on a customer’s check without turning over those charges or tips to the employee.
As an employee, you may be entitled to receive compensation if your employer has engaged in any of the following:
+Failure to pay minimum wage
+Failure to pay overtime
+Failure to pay travel time
+Failure to pay waiting time
+Failure to pay “on call” compensation
+Failure to pay “spread of hours” for a day lasting longer than ten hours
+Failure to provide rest and meal periods as required
+Failure to provide a proper wage statement
+Failure to pay tips collected as a result of a mandatory “service charge”Improper deductions from wages
+Discrimination with respect to wages and bonuses
+Retaliation because you complained in good faith about an employer’s failure to comply with applicable laws
If you have any question concerning the services we can provide or the areas of law in which we practice, please don’t hesitate to contact us. We are committed to finding the best solutions for you in the most efficient and effective way possible.
