Helping Employees Resolve Wage And Hour Claims

You work hard and deserve to be compensated appropriately and in a timely manner. However, what happens if your employer has failed time and again to pay you time and a half for overtime? Or if your tips are being pooled with those of other employees and distributed to staff who don't deserve your hard-earned tips?

At The Law Offices of Jeffrey E. Goldman, our team of employment law attorneys has more than 24 years of combined experience helping New Yorkers understand their rights under state and federal employment laws. We take necessary action to hold employers accountable and get you, our client, the compensation you deserve.

We Help Ensure You Are Properly Compensated

There are numerous factors that complicate wage and hour claims. The industry you work in, your job title and other issues need to be reviewed by your attorney when determining whether you have a claim. For example, if you work on commission, you will be compensated differently than someone who works as a bartender or server in a restaurant. We can help you understand the law and apply it to your particular situation. For more in-depth information, you can visit the New York State Department of Labor website to review the laws and explanations in the form of frequently asked questions.

Below are some of the most common wage and hour issues we see:

  • Misclassification
  • Unpaid overtime
  • Unpaid severance
  • Unpaid bonuses
  • Unpaid vacation
  • Tip stealing or pooling
  • Failure to pay the prevailing wage

As mentioned, overtime claims are some of the most common wage and hour issues. On the surface, these laws are relatively straightforward, but employers often misclassify employees or otherwise try to avoid paying overtime.

In short, according to New York law and federal law, any non-exempt employee who works more than 40 hours in a week must be paid an overtime wage that is 1.5 times that of their normal wage. Using this example, someone who works 50 hours in a week would receive 40 hours at their normal hourly rate of $10 per hour and 10 hours at the overtime rate of $15 per hour.

Additionally, all non-exempt employees must receive at least the minimum wage. In New York, this wage is higher than the national minimum wage. Restaurant and food service workers who receive tips may be exempt from this requirement.

For additional information, review Labor Law Article 19, § 653 and § 656; Article 6, §199; and Article 2, § 21(11)

FLSA And Overtime Exemptions

In addition to reviewing New York's labor laws, you can also review the federal Fair Labor Standards Act (FLSA), which outlines the types of employment which may be exempt from overtime pay provisions.

Some common exemptions apply to:

  • Commissioned sales employees
  • Salesmen, partsmen and mechanics
  • Seasonal and recreational establishments
  • Farm workers
  • Mechanics, driver's helpers, drivers and loaders
  • Computer professionals
  • Salaried executives, administrative workers, professionals and outside sales employees
  • Numerous others are listed on the U.S. Department of Labor website

We Help You Get The Money You Deserve

If for any reason you aren't being compensated properly for the hours you spent working, our lawyers can help. Many of the claims we see involve employers who short their employees on overtime pay, deliberately classify employees in the wrong job roles, or even try to pay below the minimum wage. We routinely help investment bankers, executives, advertising employees and food service workers who aren't being paid the proper amount, as well as sales persons and others facing issues with commissions, bonuses and severance payments.

Don't be afraid to speak up if your rights have been violated. We want to make sure you understand the law and the protections it provides. Contact us at 646-835-2063 and schedule a free initial consultation to learn how we can help with your claim.