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The Practice
Joseph Kamenshchik, Esq. is a labor and employment lawyer that represents employees experiencing a variety of employee rights related issues, such as: wage theft, which includes the underpayment of overtime, minimum wage, prevailing wage, tips, uniform allowances, and unlawful deductions. Kamenshchik also fights against discrimination, and wrongful termination.

Company Objective
The Kamenshchik law office aims to use its experience and knowledge as leverage against abusive employers who violate the rights of hardworking employees. Like in the biblical story of David and Goliath, this law office aspires to be the stone.

Free Consultation
You are invited to contact this law office so that your legal matter can be considered and evaluated. Contact the law office at any time, day or night, using any convenient method provided on the contact page.

Why Hire an Attorney?
Attorneys are officers of the court. We are trained professionals that understand the intricacies of law and procedure. Our skills are acquired through rigorous academic programs, and those skills are sharpened through years of experience. An untrained litigant that is acting as his or her own representative can make fatal errors in evaluating claims, defenses, and evidence. The practice of law should be left to professionals that are familiar with the applicable legal theories, procedural rules, research, arguments, and pitfalls of each unique case.

Friendly Reminder: Use It or Lose It
A statute of limitation and/or other time restriction is likely running against your claim, which may ultimately prevent you from recovering on a meritorious cause of action. Therefore, it is important to act on your rights as quickly as possible.

Внимание: Для русскоговорящих, пожалуйста нажмите на эту ссылку.

Employment Law: Wage Theft, Discrimination, and Wrongful Termination in New York

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Employee Rights Issues
Minimum Wages, Overtime Wages, and Prevailing Wages

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 an employee rights 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 an employee rights 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 speak with an employee rights lawyer.

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 employee rights 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 include demotion and termination. Employees can experience other forms of retaliatory conduct as well, so employees may need to describe their situation to an employee rights attorney for proper analysis.

If an employee experiences such retaliation, it can be a basis for a separate legal claim that may result in a substantial monetary award.

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. Employee rights are important and deserve proper enforcement. Take a look at what clients are saying about the services of this law practice by clicking here.

Discrimination, Hostile Work Environment, and Wrongful Termination

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. Employee rights are important and deserve proper enforcement. Take a look at what clients are saying about the services of this law practice by clicking here.

Wage Discrimination Based on Gender

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. Employee rights are important and deserve proper enforcement. Take a look at what clients are saying about the services of this law practice by clicking here.

Wage Theft: Basic Questions & Answers

Here are some questions you might be asking yourself, with some basic answers.
Q: My employer didn't pay me what can I do?
A: You have the option of filing a lawsuit against your employer in court to recover the wages that are owed to you for your hard work as an employee. This is a common issue, so don't blame yourself. Your fellow co-workers may be experiencing the same problem, so I am happy to speak with them as well.

Q: How do I sue my employer for unpaid wages?
A: This will require that you bring a civil action against your employer in a proper court that has the power to hear and award money for such claims. This law office represents employees that are wiling to pursue legal action against their employers.

Q: Can I sue my employer for not paying me correctly?
A: Most likely yes; however, the facts of your case should be properly evaluated to determine if there are any problems that may prevent you from filing suit.

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. Employee rights are important and deserve proper enforcement. Take a look at what clients are saying about the services of this law practice by clicking here.

Arbitration is an Epic Weapon: Time to Fight Back

As you may have heard, the Supreme Court of the United States (“SCOTUS”) has ruled against the employees in Epic Systems Corp. v. Lewis (584 U.S. ___ 2018). Undoubtedly, this will allow employers to weaponize the Federal Arbitration Act against a growing number of employees. This will require innovative statutory correction at the federal, state, or municipal level, as doing nothing will leave the labor force in an untenable position.

With the proliferation of arbitration agreements, employers have put great effort into unconscionably hindering the ability of employees to act concertedly in court to redress violations of various labor laws, including wage and hour claims. In Epic Systems, these arbitration agreements have now been met with approval by SCOTUS. This harkens back to the Lochner era, a period in SCOTUS jurisprudence in which many statutes that regulated working conditions were deemed unconstitutional, based on the Federal Constitution’s freedom of contract.

Today, millions of employees are required to sign arbitration agreements as a condition of employment, which include class and collective action waivers. These waivers are then used to decimate attempts to remedy widespread labor law violations. Class action lawsuits filed by brave employees who are seeking to serve as class representatives are increasingly compelled into arbitration; a quiet process conducted in the shadows. Resolution is limited only to the individual employees’ claims that filed the lawsuit. After arbitration, the claims of the class, which can include thousands of similarly aggrieved employees, are simply disregarded. According to SCOTUS, the members of these forgotten classes of employees are free to arbitrate their own individual claims; however, how does one arbitrate claims that one does not know exist? Who will apprise these employees of their rights and fight for remedies?

It is time for other states, including New York, to follow California’s lead. Under California’s Private Attorney General Act (“PAGA”), employees have a viable route for bypassing these domineering arbitration agreements. Under this framework, overwhelmed government agencies can delegate certain enforcement powers to aggrieved employees, who can then pursue statutory penalties on behalf of the state, to hold employers accountable for widespread labor law violations, with the assistance of private counsel. If done properly, such representative lawsuits cannot be compelled into arbitration, as the state is not a party to these arbitration agreements. Suit is filed in the name of an agency or governmental official. If more legislative bodies do their part, more employees, who were once denied justice, can find renewed access to the courts, where their claims may actually see the light of day.

Overtime in New York

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You are invited to call this law office at 917-719-1102 to speak with a lawyer at any time about your wage concerns, day or night. The consultation is absolutely free.

Are You Paid 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. If you are receiving a salary, you are not automatically disqualified from overtime. The analysis is far more complex. These types of misconceptions lead to underpaid or unpaid overtime premiums.

If your overtime hours have been unpaid or underpaid, you may have a serious wage theft claim. The chart below demonstrates how overtime is calculated by using the minimum wage rate in New York State as an example – you may actually be entitled to receive more than the amount provided in the example.

What Damages Can An Employee Recover?


Under the Labor Law of New York State, employees may recover the full amount of any overtime underpayment due for the past six (6) years, as well as reasonable attorney’s fees, prejudgment interest, and liquidated damages that may amount to 100% of the total wages owed. Employees may recover money for additional claims discovered by this law office, including claims for minimum wage violations, illegal deductions, notice violations, and other unlawful employer conduct.

Overtime Example


Let’s assume for the purpose of this example that you earn minimum wage in New York State, which will be at least $10.40 per hour on December 31, 2017. You multiply $10.40 by 1.5 to calculate the overtime rate. The resulting overtime rate is $15.60. The chart below illustrates the process.

Converting to Overtime
STEP ONE: DETERMINE THE REGULAR HOURLY RATE
Determine your regular hourly rate. Generally, the amount that your employer agrees to pay you per hour is your regular hourly rate, but not always. Let’s assume $10.40 per hour is your regular hourly rate.

STEP TWO: CONVERT TO OVERTIME RATE
Multiply $10.40 (the regular hourly rate) times 1.5, and the result is $15.60 as the hourly overtime rate.

STEP THREE: CALCULATE OVERTIME WAGES
Multiply $15.60 by any hours (or fractions of an hour) that are worked over 40 in a workweek. If, for example, 45 hours is worked in one week, and assuming the employee is eligible for overtime, the total of $78 should have been paid for the 5 hours of overtime based on this example.

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Telephone: 917-719-1102.

* All of the figures in this article are based on New York State Law. The specific laws applicable to your type of employment may vary, as there are certain exceptions, exemptions, and exclusions that may apply.

Minimum Wage in New York

Free Consultation


You are invited to call this law office at 917-719-1102 to speak with a lawyer at any time about your wage concerns, day or night. The consultation is absolutely free.

Are You Paid Less Than Minimum Wage?


If you are an employee and you are paid less than minimum wage, you may have a serious wage theft claim. The chart below offers some basic guidance on minimum wage rates in New York State. The hourly rates specified below are expected to increase incrementally on an annual basis until the minimum wage increases to $15 per hour in New York.

Fast-food workers, home health aides, and those working pursuant to a contract with the government may be entitled to higher hourly rates and/or benefits.

Government contracts pertain to work-sites, projects, and/or agencies that may include, but are not limited to: public schools, fire and police stations, court houses, sanitation facilities, public utilities, highway and road work construction and/or repair, public housing, security at government offices, public works construction, and so on.

What Damages Can An Employee Recover?


Under the Labor Law of New York State, employees may recover the full amount of any minimum wage underpayment due for the past six (6) years, as well as reasonable attorney’s fees, prejudgment interest, and liquidated damages that may amount to 100% of the total wages owed. Employees may recover money for additional claims discovered by this law office, including claims for unpaid overtime, illegal deductions, notice violations, and other unlawful employer conduct.

Minimum Wage Chart for New York State


The minimum wage rates below apply only to those locations indicated in the left most column.

New York State – Beginning on December 31, 2017
NYC – Large Employers (of 11 or more)
$13.00 per hour

NYC – Small Employers (10 or less)
$12.00 per hour

Long Island & Westchester
$11.00 per hour

Remainder of New York State
$10.40 per hour

Federal Minimum Wage
Applies Nationally (all 50 States)
*$7.25 per hour

* The federal minimum wage yields to higher minimum wages set by individual states and/or municipalities.

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Telephone: 917-719-1102.

* All of the figures in this article are based on New York State Law. The specific laws applicable to your type of employment may vary, as there are certain exceptions, exemptions, and exclusions that may apply.

Взыскание Недополученных Денег, Заработанных Вами в Основное и Сверхурочное Время В Нью Йорке

Внимание: Моя консультация и обсуждение Вашего дела бесплатно.

Звоните: (917) 719-1102 в любое время

Уважаемые господа,

Я адвокат, который занимается исключительно трудовым законодательством и имею лицензию на адвокатскую практику в штатах Нью-Йорк и Нью-Джерси.

Трудовое законодательство США, защищает права всех трудящихся, вне зависимости от статуса.

В число возникающих трудовых вопросов, кроме всего прочего, входит обязательная оплата не менее $10,40 до $13,00 в час в штате Нью-Йорк, а после 40 часовой рабочей недели обязательная оплата сверхурочных в полуторном размере.

К примеру, если человек получает $13,00 в час, то за каждый сверхурочно отработанный час он/она должен получать $19,50.

Как правило, недобросовестные работодатели, пользуясь неграмотностью иммигрантов, их незнанием законов и неумением защитить свои интересы, используют это обстоятельство в своих интересах.

Это касается всех видов работ (водителей, водителей траков и автобусов, строительных рабочих, работников больших компаний, работников сервисов, продавцов магазинов, лиц, присматривающих за больными и пожилыми людьми, другие виды работ).

Я готов помочь получить полагающиеся Вам денежые средства и компенсацию за Ваш труд за 6 прошедших лет.

Нарушения трудового законодательства может привести к значительным денежным возмещениям для работников, а для работодателей к двойным штрафам, судебным издержкам и досудебнме расходам.

Моя консультация и обсуждение Вашего дела бесплатно.
Звоните 917-719-1102 в любое время.

С Уважением,
Адвокат Джозеф Каменщик