Wages and Compensation

You work hard and long hours, but your employer does not want to pay you fair and decent wages. Your employer is not paying you the minimum wage required in New York State and New York City. You are not being paid overtime. Your employer is taking your tips. Your employer is skimming your commissions. Your employer is misclassifying you as a manager or administrative employee or independent contractor supposedly exempt from overtime. Your employer is taking advantage of you because you are an undocumented worker. Your employer is even taking your lunch.

You tell us that your employer pays you in cash or with a check, and does not account for all the hours you actually worked. He makes you work off the clock and does not give you accurate records of your hours and rate of pay. Or your employer pays you for overtime, but at the same rate as straight time. That’s not right, and it’s illegal in New York City under the Fair Labor Standards Act (FLSA) and the New York State Labor law.

You can also join with your co-workers in class and collective action when your employer engages in illegal policies and practices to deprive a group of the wages to which they are entitled.

In response to the widespread employer practices of failing to pay employees in proper amounts and failing to inform employees of the proper calculation of wages, New York enacted the Wage Theft Prevention Act in 2011 to stop employers from ignoring the law. Now employers are required to give you notice of your wage rates and how they are computed in your primary language. You must be given this wage information in annual statements and in your pay stubs. There are monetary penalties if you do not get this information in writing, up to $2,500 for weekly pay stub information and the same amount for annual statement information. It also increased the damages that your employer has to pay if you are not paid according to law - for every one dollar that you should have paid, you may be entitled to another dollar in damages. The Wage Theft Prevention Act also broadened protection and monetary damages for you if you are subjected to retaliation after you complain to your employer that you have not been paid properly.

If you work more than 40 hours in any seven day period, you may be entitled to be paid time and a half for any hours in excess of 40. And your employer must keep accurate records of the time that you work, each and every day. In addition, your employer cannot subject you to retaliation and fire you because you have complained about not being paid as required by law.

Contact us online or call us at (212) 949-1001 so that we can review if your New York City employer is not paying you properly, not paying you minimum wage, not paying you overtime or has acted illegally in other ways in violation of the Fair Labor Standards Act (FLSA) or New York State Labor Law.

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