What is the Minimum Wage in New York?
Beginning on December 31, 2017, the minimum wage in New York will range from $10.40 to $13.00 per hour depending on the location of employment and the size of your employer. For those employees outside New York, be advised that other states may set their own minimum wage rates; however, it cannot be lower than the federal minimum wage of $7.25 per hour. If you believe that you may have been paid less than minimum wage, please click here for more information. You can call 917-719-1102 and speak with a lawyer about it.
What is Overtime?
Generally, employees are to be paid one and a half times their regular hourly rate for every hour worked over 40 hours in a workweek. Your employers may be violating the law by failing to pay overtime or by simply miscalculating your overtime rates. If you think you have an issue with your overtime wages, please click here for more information. You can call 917-719-1102 and speak with a lawyer about it.
What are Prevailing Wages and Living Wages?
With respect to prevailing wages, if an employee performs construction, replacement, maintenance, repair work, and/or other building service work on a public works or government project, the employee needs to be paid the prevailing wage rate applicable to the employee’s trade or occupation. Prevailing wage rates can be substantially higher than minimum wage rates.
Separately, there are certain types of employees that are entitled to a living wage, which is generally higher than the minimum wage. These types of employees include those working for a New York City government service contractor that provides home care services (otherwise known as home health aide or HHA services), day care services, head start services or services to persons with cerebral palsy, building services, food services, or temporary services. Such employees may also be entitled to certain health benefits and/or other supplements.
If you think you may have been underpaid or would like to find out, please call 917-719-1102 and let’s talk about it.
What is Wage Theft?
Federal laws and the laws of New York State protect employees from wage theft. Wage theft is a term that covers various forms of unlawful conduct by employers, such as: failure to pay minimum wage, failure to pay proper overtime, underpayment of prevailing wage, failure to pay non-discretionary bonuses, delayed and/or infrequent payment of wages, unlawful deductions from wages and/or tips, and so on.
The theft of wages by employers has a substantial effect, not only on individual employees, but on the economy at large. As a result, laws are strengthening in favor of employees.
How are Employees Protected?
Depending on the facts of each case, an attorney may use the Federal Fair Labor Standards Act (FLSA), New York State Labor Law (NYLL), the New York Wage Theft Prevention Act (WTPA), and/or a combination of the above, to recover: the full amount of any underpayment due to employees, prejudgment interest, liquidated damages that may amount to 100% of the total wages owed to employees, as well as reasonable attorney’s fees.
Under certain circumstances, you may be compensated for damages going back six (6) years. Also, certain types of notices and statements must be given directly to employees, and failure to do so by the employer may be grounds for recovery by affected employees, which may amount to thousands of dollars in additional statutory damages.
Can Employees Get in Trouble for Complaining About Wage Theft?
It is unlawful for an employer to discriminate or retaliate against any employee for making a complaint to his or her employer, or any other person, which alleges that the employer has engaged in conduct that the employee, reasonably and in good faith, believes violates the Labor Law.
Although retaliation is illegal, an employer may choose to violate the law anyway. Employees should be aware of the most common forms of retaliation, which includes demotion and termination. Employees can experience other forms of retaliatory conduct as well, so employees may need to describe their situation to a lawyer for proper analysis. If an employee experiences such retaliation, it can be a basis for a separate legal claim.
What Should Employees Do?
Employees are welcome to contact this law office to discuss these employment issues and to explore available legal options. Please call (917) 719-1102 or email the office through firstname.lastname@example.org, at any time, day or night. Take a look at what clients are saying about the services of this law practice by clicking here.