Unpaid Wages and Overtime

overtime

Unpaid Wages Including Overtime Pay

Our New York and New Jersey overtime pay attorneys represent employees who have been subjected to violations of wage and hour laws by their employers. Conversely, our lawyers have also represented companies who are audited by the United States Department of Labor and/or New York State Labor Department for wage and hour disputes, non-payment for breaks required by labor law, non-payment for spread of hours work and generally unpaid wages. Our New York wages lawyers are very familiar with the technical provisions of the Fair Labor Standards Act, the New York State Minimum Wage Act and other state labor laws. Call us now at (800) 893-9645 to learn your employment law rights.

We Represent Employees and Employers in Disputes Regarding:overtime pay

  • Non-Payment of wages (including minimum wage payments)
  • Under reporting of hours worked
  • Non-Payment for mandatory overtime work
  • Unpaid overtime wages and pay
  • Unpaid Paid Tme Off (PTO) (example: accrued vacation)
  • Misclassification of exempt and non-exempt employees
  • Unpaid sales commissions
  • Unpaid bonuses
  • Payment for breaks for meals and rest

Examples of These Types of Disputes 

  • Telecommuting employee is denied overtime pay for work done from home
  • Bartender and/or wait staff are paid less than minimum wage and/or their tips are withheld
  • Employees are requested by employer to complete work after employee’s paid shift has ended
  • Employees are not paid for time employee worked through lunch or breaks
  • Employees are misclassified as an non-exempt under the Fair Labor Standards Act and New York Labor Law and, as such, are denied overtime
  • Unequal pay between persons of a different sex or race

In today’s technology driven workplace where employees are required to be available at all times where their movement is restricted and they are an on-call shift, some employees also may have a claim for they work on their blackberry devices, laptops, or other work-related devices when they are away from the office. In addition, some employees may have a claim for pay when they are waiting at the workplace.

Too often employees are fearful of coming forward because their employer has threatened to report their citizenship status if they file a wage complaint. Undocumented employees have rights and should not be abused and taken advantage by unscrupulous employers.  Undocumented workers have rights under employment law including the right to be free from retaliation. If you are an undocumented worker, please call our office at (800) 893-9645 for a CONFIDENTIAL discussion regarding your rights to overtime pay and your rights to protection.

Fair Standards Labor Act (FLSA)

Our overtime pay lawyers represent employees who have claims related to minimum wage, overtime pay, and record keeping under FLSA. Effective July 24, 2009, the federal minimum wage increased from $6.55 to $7.25 per hour with overtime pay at not less than 1 ½ times the rate of pay for work over 40 hours in one work week.

New York State Minimum Wage Act

Under the New York State Minimum Wage Act, the minimum wage in New York increases to $7.25 in accordance with federal law.

Special rules apply for restaurant workers and hotel workers. Restaurant employees may be paid at a reduced minimum wage. Effective July 24, 2009, the minimum wage for food service workers, including waiters, waitresses, and bartenders increases from $4.60 to $4.65 per hour and the tip allowance increases from $2.55 to $2.60 per hour. Our attorneys are experienced in working with the overtime laws and handling unpaid wages disputes (including the withholding of tips) involving waiters, waitresses and hotel workers. See below or click here for a Summary provided by the New York State Department of Labor regarding restaurant workers. Click here for a Summary provided by the New York State Department of Labor regarding hotel workers.

STATE OF NEW YORK – DEPARTMENT OF LABOR

SUMMARY OF WAGE ORDER RATES AND ALLOWANCES

FOR THE RESTAURANT INDUSTRY

Effective
1/1/05
Effective
1/1/06
Effective
1/1/07
Effective
7/24/09
Basic Minimum Hourly Rate$6.00$6.75$7.15$7.25
Tip Allowance (per hour)
Over 30 hours$7.45$8.40$8.90$9.00
Over 20 to 30 hours5.906.607.007.10
20 hours or less3.554.004.254.30
Per Meal Allowance

Food service workers* earning a cash wage
of $3.85 per hr. effective 1/1/05; $4.35 per hr.
effective 1/1/06; $4.60 per hr. effective 1/1/07;
$4.65 per hr. effective 7/24/09

$1.85$2.00$2.10$2.10
All other workers2.052.302.452.50
Lodging Allowances
Per Day

Food service workers* earning a cash wage
of $3.85 per hr. effective 1/1/05; $4.35 per hr.
effective 1/1/06; $4.60 per hr. effective 1/1/07;
$4.65 per hr. effective 7/24/09

$1.35$1.45$1.50$1.50
All other workers1.451.651.751.75
Per Week

Food service workers* earning a cash wage
of $3.85 per hr. effective 1/1/05; $4.35 per hr.
effective 1/1/06; $4.60 per hr. effective 1/1/07;
$4.65 per hr. effective 7/24/09

$8.45$9.15$9.50$9.60
All other workers9.4010.5511.15$11.30
Executive and Administrative Exemption
Minimum weekly salary required$450.00$506.25$536.10$543.75

* A “food service worker” means an employee primarily engaged in the serving of food and beverages to guests, patrons or customers in the hotel or restaurant industry, including, but not limited to, wait staff, bartenders, captains and busing personnel; and who regularly receive tips from such guests, patrons or customers.

New York Employment Lawyer Blog - Overtime Pay and Unpaid Wages