Wage and hour claims are becoming increasingly common in New York City as a result of frequent changes to employee compensation laws, particularly at the state and local levels. Whether your business has been accused of a wage violation or you have been denied what you rightfully earned, you can turn to Woods Lonergan PLLC.
While many disputes can be resolved through negotiation, mediation, and arbitration, we have the skills and resources to handle claims that rise to the level of litigation.
From minimum wage and overtime violations to employee misclassifications and unpaid commissions, we work to achieve positive outcomes in and out of the courtroom. Contact our office today for a complimentary consultation.
What is the Fair Labor Standards Act?
The federal Fair Labor Standards Act (FLSA) establishes minimum wage and overtime pay standards. Employers in New York and New York City must adhere to local minimum wage requirements (see below) in addition to those of the FLSA.
The FLSA mandates that employers pay employees classified as “nonexempt” overtime pay at a rate of “time and one-half” their standard hourly rate for all hours worked over 40 hours per week. Employees exempt from this overtime requirement including those who:
- Earn more than $884 per week or $35, 568 per year;
- Are paid a salary rather than an hourly wage; or
- Perform exempt job duties, including administrative, professional, or management.
Violations occur when employers:
- Fail to pay the minimum wage;
- Misclassify employees;
- Miscalculate rates of pay; or
- Fail to pay commissions, bonuses or other forms of earned compensation.
Ultimately, it takes an experienced employment law attorney to resolve wage disputes. That’s where Woods Lonergan PLLC comes in. We have the skills and experience to successfully negotiate and litigate all types of claims.
Minimum Wage and Overtime Pay Attorneys
The minimum wage in New York City is currently $15 per hour. In addition, employers are required to adhere to the FLSA overtime requirements. Under New York State law, however, employers in most industries (excluding building services) are permitted to meet the minimum wage requirement by combining a “cash wage,” paid by the employer, with an allowance for tips that the employee receives from customers (a “tip credit”). Employers can pay tipped employees a cash wage of $12.50 per hour combined with a $2.50 tup credit. Food service workers, in particular, are entitled to a $10 cash wage along with a $5 tip credit.
Whether you need assistance, trust the team at Woods Lonergan to provide you with informed representation when you need it most.
Other Wage and Hour Claims Our Firm Handles
Our wage and hour attorneys work with both sides to disputes to find innovative solutions to a wide range of disputes, including:
- Off-the-Clock Violations: These claims involve hourly employees illegally working off-the-clock, skipping rest and meal breaks, or working overtime and not being compensated for all of their time.
- Employee Misclassifications: Under the FLSA and state law, employers are required to properly classify workers as contractors, exempt or non-exempt employees, and pay overtime to non-exempt workers.
- Unpaid Bonuses/Commissions: Employers must pay salespeople earned commissions, bonuses, and other forms of earned compensation, including wages still owed to employees who leave their job.
- Illegal tip-sharing: All tipped workers (e.g., restaurant, hospitality) must be paid the minimum wage based on the combined cash wage and tip credit. Employers cannot take tips earned by servers; however, tip-pooling is permitted.
- Illegal Deductions: Employers are prohibited from taking unauthorized deductions from workers’ paychecks, such as the cost of a uniform, accidental breakage, or cash and property shortages.
It is worth noting that groups of workers who have suffered similar harm may be able to address allegations of through a class-action lawsuit. Our team is well-prepared to handle claims in any forum, including arbitration, administrative proceedings, and state and federal court.
Employers cannot retaliate against workers who complain about wages by taking an adverse employment action (e.g., reduction in hours or pay, demotion, suspension, termination). Employees who have been subjected to retaliation can take legal action to obtain compensation including:
- Lost wages (back pay, front pay);
- Unpaid commissions/bonuses;
- Lost benefits;
- Liquidated damages; and
- Attorneys’ fees and costs.
Ultimately, it takes a skilled wage and hour attorney to litigate an employment retaliation claim. At Woods Lonergan, we have a proven history of achieving positive outcomes at the bargaining table and in the courtroom.
Contact Our Experienced New York City Wage and Hour Claims Attorneys
Wage and hour claims can be complicated and challenging. Don’t go through it alone. Regardless of the dispute facing you, turn to the wage and hour attorneys at Woods Lonergan PLLC to help guide you through the legal process. Above all, we will work to achieve the best possible outcome through negotiation or litigation. Contact us today to set up a complimentary consultation.
Woods Lonergan PLLC helps clients with wage and hour law throughout NYC including the boroughs of Manhattan and Brooklyn.