Labor Law

Employment Law in New York

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DO YOU HAVE A QUESTION ABOUT WAGE THEFT, DISCRIMINATION, OR WRONGFUL TERMINATION?
LET’S TALK.

Minimum Wages, Overtime Wages, Prevailing Wages, and Living Wages

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What is the Minimum Wage in New York?

Beginning on December 31, 2018, the minimum wage in New York will range from $11.10 to $15.00 per hour depending on the location of employment and the size of your employer, with the highest hourly rate of $15 being in New York City for large employers with 11 or more employees. 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 employment 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. There are many indicators of potential overtime issues, including the receipt of some wages in cash and some wages by check. 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 that concentrates on labor and employment law.

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?

Employment and labor laws at the federal and state level 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, unpaid tips or unlawful tip sharing, and so on.

Some ways that employees experience wage theft:

Travel Time: Your employer may be violating the law by treating travel time between work sites and/or employer offices as unpaid work time. Commuting from home to work and vice versa is generally not considered work time.

Coming Early and Leaving Late: Your employer may be violating the law by not paying you for the time you work before or after your shift, particularly if you leave work late. For example, if you’re a driver, and you are required to perform pre-trip and post-trip inspections of your vehicle, such time is often not logged; however, this time should ordinarily be counted as work time. This can include situations where you are told to show up to work at a particular time, and you are then forced to wait a significant duration before you are put on the clock, and even in instances where you may be required to wait for a computer system to fully boot-up and load programs before being put on the clock.

Meal Breaks: Your employer may be violating the law by requiring that you work through unpaid lunch breaks. Employers may also be violating the law by having you clock out for short breaks or coffee breaks that are shorter than thirty (30) minutes.

Working from Home or Outside of Work: Your employer may be violating the law by treating time spent working outside your place of employment as unpaid work time, including time spent answering work related phone calls or emails at home, or visiting a client’s home to perform a service away from your employer’s office.

Tip Credit Violations: Employers of service employees and food service workers cannot take a tip credit for any day in which that employee works more than 20 percent or two hours, whichever is less, of the workday in a non-tipped occupation. This is applicable to employees that are receiving less than the regular minimum wage per hour due to a tip credit being taken by their employers.

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.

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.

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.

We represent employees from New York City, Manhattan, Brooklyn, Queens, Staten Island, Bronx, Westchester County, Nassau County, and Suffolk County.

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

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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.

We represent employees from New York City and the boroughs of Manhattan, Brooklyn, Queens, Staten Island, Bronx, as well as Westchester County, Long Island, Nassau County and Suffolk County.

Take a look at what clients are saying about the services of this law practice by clicking here.

Wage Discrimination Based on Gender

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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.

We represent employees from New York City, Manhattan, Brooklyn, Queens, Staten Island, Bronx, Westchester County, Nassau County, and Suffolk County.

Take a look at what clients are saying about the services of this law practice by clicking here.

Wage Theft: Basic Questions & Answers

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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.

We represent employees from New York City, Manhattan, Brooklyn, Queens, Staten Island, Bronx, Westchester County, Nassau County, and Suffolk County.

Take a look at what clients are saying about the services of this law practice by clicking here.