New York Employee Rights: Unpaid Wages, Discrimination, and Wrongful Termination

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What is the Minimum Wage in New York?

Beginning on December 31, 2016, the minimum wage in New York will range from $9.70 to $11.00 per hour depending on your 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 is Prevailing Wage?

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. Employees entitled to a prevailing wage may be underpaid for a variety of reasons. If you think you may have been underpaid, 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 lawyer@kcounsel.com, at any time, day or night. Take a look at what clients are saying about the services of this law practice by clicking here.

Discrimination is Illegal: Know Your Rights

It is illegal for an employer or licensing agency to refuse to hire or employ or to bar or to discharge from employment an individual or to discriminate against an individual in compensation or in terms, conditions or privileges of employment, because of that individual’s age, race, creed, color, national origin, sexual orientation, military status, sex, disability, predisposing genetic characteristics, marital status, or domestic violence victim status.

A “hostile work environment” exists, for purposes of Title VII of the Civil Rights Act, when the workplace is permeated with discriminatory intimidation, ridicule, and insult that is sufficiently severe or pervasive as to alter the conditions of the victim’s employment and create an abusive working environment. Petty annoyances and unprofessional behavior alone is unlikely to be illegal, the conduct must be sufficiently wrongful, so careful legal analysis is recommended.

Unlawful discriminatory practices are punishable by a variety of legal frameworks, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age Discrimination in Employment Act, as well other similar state based statutes. The ability to recover certain types of damages, such as punitive damages, may vary depending on the availability of certain legal options.

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 lawyer@kcounsel.com, at any time, day or night. Take a look at what clients are saying about the services of this law practice by clicking here.

Equal Pay: Know Your Rights

The law protects your right to get equal pay for equal work regardless of your gender.

In New York, employers are prohibited from paying an employee a wage at a rate less than the rate at which an employee of the opposite sex in the same establishment is paid for equal work on a job the performance of which requires equal skill, effort and responsibility, and which is performed under similar working condition, except under certain circumstances.

If you have reason to believe that your rate of pay is lower when compared to similar coworkers, and this is due to your gender, you should contact this law office to discuss the facts that are relevant to your issue.

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 lawyer@kcounsel.com, at any time, day or night. Take a look at what clients are saying about the services of this law practice by clicking here.