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New York Wage & Hour Dispute Attorneys

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Wage and Hour Disputes

In the United States, the Federal Fair Labor Standards Act (FLSA) regulates employee hours and wages. FLSA protects employees in a wide range of industries from wage theft and other labor issues. The FLSA covers federal minimum wage, maximum work hours, overtime compensation, equal pay for equal work, and more via federal employment laws.

Although the specifics of wage payments are not covered by the FLSA, state minimum wage laws generally regulate the administrative aspects of pay and hours. This includes when and how salaries should be paid, what deductions may be made from wages, and other matters.

To be clear, neither federal law nor state law has precedence over the other, and according to the courts, whichever is more stringent applies in a given scenario.

We Can Help You Fight for the Pay You've Earned

Are you being paid less than minimum wage? Has your employer withheld wages or failed to pay you for overtime? Whatever the situation may be, you deserve to be fairly compensated for your labor. At Levine & Blit, our wage and hour dispute lawyers in New York City fight for the pay our clients have earned. If you are not being paid for your work or believe you should be getting overtime pay, you may have a case against your employer.

We represent clients in wage and hour disputes that include:

State and federal law have set minimum wages and rules about overtime pay that employers are required to follow. When you are paid less than the minimum wage, or if you are not being paid for the hours you worked, you may be entitled to compensation. Our New York City unpaid wage and overtime attorneys have represented clients across many industries, including cases involving celebrities and other well-known employers.

If you are ready to take action, contact the New York City wage and hour dispute attorneys at Levine & Blit. We represent employees in pay-related disputes with their employers. Call (212) 967-3000 to discuss your case with our team.

Minimum Wage Laws in New York

The minimum wage law requires that all hourly workers in New York State be paid at least $15 per hour beginning December 31, 2021.

On the other hand, tipped wages in New York may differ significantly by company size, industry, and amount of earned tips. There is also some variation depending on where you live. The tipped wage in New York state, for example, is $11.00 per hour. However, state laws require employers with 11 or more employees in New York cities to pay a $12.50 hourly rate per hour.

Overtime Pay

The New York State Minimum Wage Orders contain the regulations and restrictions for overtime in New York City. In addition, the Fair Labor Standard Act, which is a federal law, lays out these additional requirements. Note that if there is a contradiction between the two laws, the employer must follow the one that provides their workers with the most advantages.

The New York Overtime Laws stipulate that all hours over the normal working week must be compensated as overtime. Hence, all employees who work more than 40 hours a week are entitled to basic minimum wages of at least 1.5 times the regular applicable minimum wage.

While some states demand that employees who work more than a certain number of daily hours be eligible for this overtime rate, there are no limits in New York on the number of hours worked each day or for working more than five days a week. That is, an employee may be required to work more than eight hours a day without being compensated for overtime provided that they do not complete more than 40 hours in a week.

Minimum Wage Laws in New York

Employers are required to pay employees based on the minimum wage. Some states and cities, such as New York, have set a minimum wage that is higher than the wage required by the federal government. Paying employees below the minimum wage is a crime. Do not let fear stop you from fighting for the pay you deserve. At Levine & Blit, our attorneys have extensive knowledge of labor laws, including federal, state, and local laws.

Individuals who are not covered by state minimum wage laws:

  • Government employees
  • Executives earning more than 75 times minimum wage
  • Outside salespeople
  • Taxi drivers
  • Ministers
  • Volunteers, students, and apprentices

In addition to the above, independent contractors who are in business for themselves are not considered to be employees. For this reason, minimum wage law does not apply to independent contractors.

Overtime Rules When You Are Paid a Salary

Salaried employees in New York often assume they are ineligible for overtime pay. However, this is not always the case. The Fair Labor Standards Act (FLSA) defines the jobs that are exempt from overtime wages. Some salaried employees are misclassified as exempt and actually should be receiving overtime pay. If you have been logging more than 40 hours a week, you may be eligible for overtime wages. Contact Levine & Blit to learn more.

Are Employers Required to Give Lunch Hours & Breaks?

A half-hour (30-minute) meal break must be given to employees who work more than six hours beginning before 11 am and work until at least 2 pm. The meal break does not have to be paid. Employers are not required to give other shorter breaks, but if breaks of less than 20 minutes are given, the time should be paid.

How Many Hours Can an Employee Be Required to Work?

In the state of New York, there are no limits to the number of hours an employee can work in a single day, as long as they are over the age of 18. However, in some occupations, employees must be given 24 hours of rest each week. This includes jobs in factories, restaurants, hotels, watchmen, janitors, and superintendents.

Legal Representation in Wage Claim Disputes in New York

Hourly wage disputes are still an ongoing problem in New York, even though wage violations are strictly illegal. Such issues as a salary dispute, pay dispute, overtime wage dispute, and so on often come down to employers violating the rules outlined in the FLSA, which establishes minimum and overtime wages standards they must pay employees.

If you believe that you are owed wages or that illegal deductions have been made from your pay stubs, it is critical to seek legal advice immediately. The first step is to contact an experienced employment law attorney for advice on how to file a complaint.

The team at Levine & Blit, LLC assists employees in New York who are not being paid their legal salary, overtime pay, or are being defrauded of their employment contract. Through the services of our experienced and qualified attorneys, we fight aggressively for your rights. If you have any doubts about whether or not your salary is being paid correctly and wish to recover unpaid wages, contact us online or call 212-967-3000.

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