Wage & Hour Violations

Know Your Rights and Worth as a Home Care Worker

Posted in Wage & Hour Violations on May 24, 2016

Homecare worker with elderly womanAs America continues to age, the need for home care workers will continue to grow. If you work in the area of home care for the elderly, make sure your employer knows that you are now eligible for minimum wage and overtime pay. You have been entitled to this raise for over a year. Make sure your employer has been paying you with the correct hourly rate and appropriate overtime pay. Make sure your employer has not been breaking the wage law and violating your rights.

In January of 2015, the home care profession was reclassified to be covered under the Fair Labor Standards Act (FLSA). This means that millions of home care workers across the nation should be enjoying the benefits and raises offered through this new reclassification. Prior to January 2015, home care workers were classified as “companionship services,” like babysitters and were exempt from minimum wage and overtime coverage.

The Fair Labor Standards Act is a federal law that determines minimum wage, overtime pay eligibility, child labor standards, recording keeping and other issues affecting full-time and part-time workers in federal, state and local governments, as well as the private sector. Overtime-eligible employees must be compensated with overtime pay for all times worked over 40 hours in a single workweek.

Federal and state laws establish minimum wages to keep employees from receiving unfair compensation. The wages are set to help people make enough income to provide for themselves and their families. Minimum wages often vary by state and location. The cost of living is often higher in larger cities than smaller ones. The federal minimum wage is $7.25 and the New York State minimum wage is $9.00.

According to the New York State Department of Labor, employers should pay their employees as outlined below in this excerpt from the New York Minimum Wage Law. The Minimum Wage Act (Article 19 of the New York State Labor Law) requires that all employees in New York State receive at least $9.00 per hour.  This includes domestic workers.

Regulations known as ‘Wage Orders’ (see details below) set certain requirements that are industry specific.  The rates contained in these Wage Orders may differ from the general Minimum Wage rate.

In summary:

  • As of December 31, 2015, the Minimum Wage for individuals working in the fast food industry is $10.50 per hour in New York City, and $9.75 per hour in the rest of the state.
  • As of December 31, 2015, the Minimum Cash Wage for Tipped Workers in the Hospitality Industry is $7.50 per hour if they earn enough in tips.
  • As of December 31, 2015, the Minimum Wage for other Tipped Workers is $7.65 per hour if they earn at least $1.35 per hour in tips, or $6.80 per hour if they earn at least $2.20 per hour in tips.
  • As of December 31, 2015, the Minimum Wage for all other workers is $9.00 per hour.

For more information on the fast food industry, tipped workers, or minimum wage, please refer to the Wage Orders.

Click here to read more about New York State Minimum Wage Laws.

If you are a New York home care worker and your employer is not paying you as least the minimum wage of $9.00 an hour, your employment rights are being violated. You should speak with a qualified employment attorney who can help you get the pay you deserve along with any back pay to which you might be entitled.

Please contact the Law Offices of Joseph & Norinsberg for your employment matters and concerns. Their lawyers will provide an honest assessment of the strengths and weaknesses of your case. If your case merits going to court, the attorneys at the Law Offices of Joseph & Norinsberg will work diligently to help you find the justice you deserve. Contact the Law Offices of Joseph & Norinsberg at (212) JUSTICE or at info@employeejustice.com for a free initial consultation.

Overtime Pay Laws Protect the Overworked and Underpaid

Posted in Wage & Hour Violations on May 6, 2016

Business Overtime ConceptualHas your boss made you work overtime hours without overtime pay just to make the budget look better or to please a penny-pinching senior management? If so, there are laws to protect you from working those 40+ hours with no extra compensation and there are laws to punish the corporate misers who are making you work those extra hours with no overtime pay.

Fair Labor Standards Act (FLSA)

The Fair Labor Standards Act (FLSA) of 1938 is a federal law passed by Congress that protects the rights of workers and ensures they receive fair wages. When employers fail to compensate employees overtime pay, they can be held accountable in a court of law. Under FLSA, all (non-exempt employees) must be paid time-and-a-half for any overtime hours they worked above the normal 40-hour work week. When the law was created in 1938, it was supposed to encourage employers not to overwork their employees and hire additional personnel as well as reward employees with a higher wage when they worked extra time. All New York workers are protected by the  Fair Labor Standards Act (FLSA) and New York Labor Law.

More Workers May Qualify for Overtime

The Obama administration is working to change labor rules that may extend overtime benefits to approximately five million people across the United States. The proposed changes would increase overtime eligibility to 970 a week in 2016. Therefore, employees who earn a yearly salary of $50,440 or less will qualify for overtime pay.

New York Overtime Law

According to New York Overtime Law, not all workers qualify for overtime pay. Many employees are considered exempt from New York Overtime Law because of the nature of their work. Blue-collar workers are not the only ones eligible for overtime according to New York Overtime Law. New York workers are exempted from overtime pay if they work 80% or more performing professional, administrative or outside sales tasks.

New York Overtime Law allows overtime pay for other workers, including professionals and administrative employees who have other duties for more than 20% of their work hours. In New York, employers are required to pay any non-exempt employee overtime when he or she works more than 40 hours in a regular workweek. New York Overtime Law does not require a company to pay workers overtime for weekend or holiday work unless those assignments create more than 40 hours a week for the employee. Furthermore, employers are not required to pay double time for any number of hours worked.

How Employers Break the Law

Often employers try to avoid paying employees overtime, by classifying a position exempt from overtime, when the position should not be exempt from overtime pay under New York Overtime Law. Sometimes employers will bank time or limit employees work hours for the following week to avoid paying overtime. Employers are breaking the law when they bank time or limit employees work hours. Under New York Overtime Law, overtime is determined on a weekly basis. Employees need to know their rights regarding overtime pay and wage violations.

Get Legal Help and Advice

If your employer (or former employer) has violated your right to a fair and decent wage or refused to give overtime pay, you may be entitled to compensation. Please contact the Law Offices of Joseph & Norinsberg. Their lawyers will provide an honest assessment of the strengths and weaknesses of your case. If your case merits going to court, the attorneys at the Law Offices of Joseph & Norinsberg will work diligently to help you find the justice you deserve. Contact the Law Offices of Joseph & Norinsberg at (212) JUSTICE or at info@employeejustice.com for a free initial consultation.

The Home Health Care Provider Law

Posted in Wage & Hour Violations on January 18, 2016

Nurse Giving Senior Male MedicineFor so long, home health care providers were not only underrated, but were also underpaid including their overtime benefits in comparison to their institutional counterparts. Instead of hourly pay, that would allow a home health care provider to earn overtime, employers would instead make home health care providers compensation salaried, which would have the home health care worker working more hours, yet still receiving the same amount of pay. Though, this seemed to go unchallenged for many years, in January 2015, the federal government changed the home health care provider laws to benefit the home health care workers.

What is the Home Health Care Provider Law?

Effective January 1, 2015, legislation was passed that entitled home health care workers to be paid the federal minimum wage as well as overtime pay. Home health care is a wide range of health services that can be given in your home for illness or for injury, usually affecting the elderly, sick, and disabled. Home health care workers had been exempt from overtime laws, however, this regulation, benefiting over 200 million workers, aims at helping to ensure that home health care workers receive the same protections that are provided to other workers throughout the United States.

The regulation states that if you are home care agency or other third party employer, you are required to pay overtime pay to any direct worker you jointly or solely employ, regardless of the worker’s duties. These workers include, certified nursing assistants, home health aides, personal care aids, as well as caregivers and companions. To be effective, employees must receive overtime pay for any hours that are worked over 40 in a workweek in a rate that is not less than time and one half the worker’s regular pay rate.

Lastly, employees who spend more than 20% of their time in a work week assisting with a patient’s daily living such as grooming, feeding, meal prep, and assisting with medication and medical care are entitled to overtime pay. However, if you are employed only by the person you assist or that person’s family then, depending on your duties, you may not be entitled to receive overtime pay. It is important to note that in New York, overtime coverage for all companions employed by third party agencies receive overtime at a reduced rate of 150% of the minimum wage and if the employee is a live in worker you do not receive overtime until you have worked over 44 hours instead of the requisite 40. Therefore, if you have any concerns or questions you should not hesitate to reach out to an experienced New York worker’s compensation attorney because it could be invaluable to your case.

Need Legal Advice?

It can be difficult and frustrating to know that, though you may work more hours than other people within the same field, that you are not being fully compensated for it. However, you do not have to fight to vindicate your rights alone. Contact The Law Offices of Joseph & Norinsberg at (212) JUSTICE or info@employeejustice.com so that we can help strategize about the best possible outcomes of your case. We are here to help you!

Is Your Employer Stealing Your Tips?

Posted in Wage & Hour Violations on January 6, 2016

Man in CafeIs Your Employer Stealing Your Tips?

If you are employed in the restaurant industry and work as a server, then you well understand how important it is to be tipped. Because of the $2.13 that you may make hourly, your tips make up the majority of money that you use to pay rent or mortgage, to eat, and to survive. Therefore, when you are not adequately compensated for the service that you have provided due to your employer’s unethical use of tip sharing or tip stealing, your frustration may be at an all-time high. If you or a loved one is concerned about your employer stealing tips from you, contact an experienced New York tip stealing attorney to determine whether you have a case.

What is Tip Stealing and Tip Sharing?

Those who are restaurant workers, particularly, servers and other wait staff, often receive tips as a majority of their income. According to the Department of Labor, a tip is the sole property of the tipped employee and the federal law prohibits arrangements that entitle any part of the tip to become the property of the employer. Tipped employees are those who customarily and regularly receive more than $30 per month in tips. In the state of New York employers are allowed to require tip pooling. If a tip pool contribution exists, meaning all employees chip in a portion of their tips to be divided amongst those who help the wait staff, it is required that the employer inform the employee of this.

Though most restaurants will abide by the law when it pertains to employee tips and tip sharing, there are some that conduct illegal practices. When it comes to the top violations of restaurant employers, the number one violation is employers stealing tips. Employers who violate the federal law and state law take a portion of employee’s tips for themselves when the tip is added to credit card payments, to pay kitchen staff, making tipped employees do a substantial amount of work that does not produce tips, having tipped employees work off of the clock, as well as to pay for other parts of the business such as catering staff. All of the above are considered violations on behalf of the employer and contacting an attorney could be extremely beneficial to you and to others.

Need Legal Advice?

You work hard for your money and expect to be compensated for the tips and wages you have earned. You do not deserve to have your employer steal your tips or share them with individuals who are not entitled to them. You do not have to continue to adhere to these unethical and illegal tactics. If you or a loved one is concerned that your employer has been stealing your tips, contact an experienced New York tip stealing attorney at The Law Offices of Joseph & Norinsberg at (212) JUSTICE or info@employeejustice.com so that we can strategize about the best possible outcomes for your case. Contact our office today!

Failure to Pay Overtime

Posted in Wage & Hour Violations on December 22, 2015

overtimeClockCutYou are at work all week making sure to put in your requisite 40 hours, but midweek you are told that you must work overtime. At first glance it can be a welcomed idea until you realize that you will only receive straight time for the time worked in excess of 40 hours and not time and a half. Though this scenario is troublesome, some people know it all too well while having to accept the pay that is given for overtime. However, depending on your position and the company you work for, not receiving overtime pay of your regular hourly rate and a half is illegal. If you or a loved one have been the subject to working overtime and not being paid the requisite amount of time and a half, contact an experienced New York overtime pay attorney.

Who is Required to Pay Overtime?

Though it may seem like every business that has employees should be required to pay overtime, this not the case. Only those businesses that are covered by the Fair Labor Standards Act (FLSA) are required to pay their employees their regular rates of pay plus half for all hours worked in excess of 40 hours in a work week. Even if a business is not covered, you may be covered under the FLSA individually, if you produce, receive, ship, transport, or load goods that move in interstate commerce, including guards, janitors, and maintenance employees who perform duties closely related to interstate activities. Independent contractors and professional workers may not be entitled to overtime pay.

What are the Overtime Laws?

Overtime laws can seem straightforward, but employers often violate these laws. If you or your employer are covered by the overtime laws, your employer must pay you one and half time your regular rate of pay for all hours worked in excess of 40 per week. For example, if your hourly rate is $10 an hour and you exceed 40 hours, the additional time worked must be paid at a rate of $15 an hour for each hour in excess of the required 40. Though criminal charges are rare for employers who do not pay overtime to their employees, the FLSA does contain criminal penalties for repeat offenders. Lastly, if your employer fails to pay you overtime, you have the right to back pay and double damages, as well as being able to bring a lawsuit on behalf of you and other employees who have fallen victim to this violation.

Need Legal Advice?

You work hard for your money and you work even harder when you work beyond your requisite 40 hours. Therefore, you have a right to be paid adequately for the overtime put in depending on what type of worker you are considered. If you or a loved one believe that you have a case against an employer for the failure to pay you overtime contact The Law Offices of Joseph & Norinsberg at 212-JUSTICE or info@employeejustice.com to determine whether you may have a case. We are dedicated to fighting for you.

Unpaid Lunch Hours

Posted in Wage & Hour Violations on December 7, 2015

Lunch with LaptopWith most occupations, working six to eight hours a day can be very tiresome. We, as people and as workers, look forward to rest breaks and lunch breaks because we all need a moment to recuperate so that we can continue thriving at our work. Though we all dream of taking breaks while continuing to get paid, that is not reality, especially when it comes to lunch breaks. The federal law as well as New York state law determines whether a person is afforded breaks and whether or not they are paid or unpaid. If you or a loved one is concerned about the treatment that you are receiving from an employer based on paid and unpaid breaks, it is in your best interest to contact The Law Offices of Joseph & Norinsberg to determine whether you have a case.

Are You Entitled to Paid Breaks and Lunches?

Under federal law, employers are not legally required to allow breaks throughout the work day. However, New York State’s law is different. According to federal law, an employer is not required to give an employee lunch or coffee breaks. However, if an employer does offer an employee a rest break, no longer than 20 minutes, the federal law states that an employer must continue to pay the employer for that rest break. Though the federal law requires that rest breaks are compensable, lunch breaks are not because they serve a different purpose than a rest break or coffee break and they last longer – usually 30 minutes to an hour.

According to New York State’s law, employers are required to provide a lunch break, but employers are not required to give rest breaks. If an employer decides to give a rest break, unlike lunch breaks, rest breaks must be compensated, as they are considered work time. Though employers are required to provide lunch breaks for employees, the length of time that a lunch break will consist of depends on the industry as well as the shift. For example, employees who work a shift of more than six hours starting before 11 a.m. and continue to work until 2 p.m. must have an uninterrupted lunch period of at least half an hour between 11 a.m. and 2 p.m.

Need Legal Advice?

At some point during the work day we all need to have a rest period, and though employers are not required to do so, they have an interest in allowing employees to go on breaks because not doing so slows up productivity if an employee is hungry and/or tired. According to New York State’s law, a lunch break is required depending on the shift that an employee is working and if a lunch break is not given, an employer can be held in violation of New York’s laws. If you or a loved one has not received adequate breaks during long shifts, you should contact The Law Offices of Joseph & Norinsberg at 212-JUSTICE or info@employeejustice.com for an initial consultation to determine whether you have a case. We are dedicated to fighting for your rights.

Getting Paid in New York

Posted in Wage & Hour Violations on August 19, 2015

Clock on moneyAt Joseph & Norinsberg we are employee advocates. In our practice, we have dealt with many unique issues and questions, but there are some recurring themes with respect to what employees want to know. Today, we will answer a few frequently asked questions involving employee rights in New York.

What is the Minimum Wage in New York?

The current minimum wage is $8.75, set to bump up to $9.00 per hour at the end of the year.  There are some employees who are considered “exempt” from the minimum wage because they are paid a salary and have the requisite responsibilities. There are also some employees, like restaurant staff, that have modified minimum wages because they are tipped.

It should be noted that employers are notorious for misclassifying employees, in other words claiming that they fall into an exempt category when they do not and should be receiving minimum wage. Oftentimes it is an inadvertent mistake, but such classifications should be compared to relevant law and not taken at face value.

Am I Entitled to Overtime?

Typically, the same employees that are subject to minimum wage requirements are also subject to overtime pay requirements and are entitled to overtime pay. Under New York and federal laws, these employees are entitled to time and a half for hours over 40 in a week-long period.

Approximately 20% of Papa Johns franchisees in New York are currently looking at legal trouble because of alleged wage and hour violations of this type. The conduct of some of the franchisees appears intentional – one is accused of giving workers fake names to use when clocking in after exceeding 40 hours per week – others, less so. In either case, the franchisees that are found to have violated the laws will be required to make amends by paying their employees the back pay they deserve.

Does My Employer Need a Good Reason to Fire or Demote Me?

Maybe. New York is an “at will” state where employers are typically free to terminate or demote employees for any reason, fair or unfair. However, the major caveat is that employers cannot fire or demote employees for discriminatory reasons.

For example, an employer could demote an employee because the supervisor doesn’t like the way the subordinate staples papers. It is a nonsensical, unfair reason, but it is permissible under the law. An employer could not, however, fire an employee for being too old. One New York based company, Strategic Legal Solutions, recently paid out $85,000 for discriminating on the basis of age.

Sometimes an employer will give a valid but untruthful reason for terminating an employee for a discriminatory purpose. An experienced employment law attorney can help reveal the true impermissible reason in court.

When Do I Get My Last Paycheck if I Quit or am Fired?

Under New York law, you should receive your final paycheck on your regular payday. You can request that your former employer mail your check which might be preferable if you usually picked up your check but don’t want to go into the office following your departure.

Other Questions

Have another employment related question? Contact the employee focused attorneys at Joseph & Norinsberg at (212) JUSTICE or info@employeejustice.com. The legal work environment is complicated and we can help you untangle and understand

New York Unpaid Interns Continue to Fight for Rights

Posted in Wage & Hour Violations on July 16, 2015

Interns WantedAs we have discussed in earlier blogs, a culture of not paying interns has evolved. Many college interns willingly take free internships in exchange for resume boosting experience. Sometimes that sought-after experience is little more than administrative and menial labor, like data entry, running errands, and keeping the office clean. Sometimes the intern takes on tasks essential to the company’s operations. In either case, if the intern was not called an intern, he or she would be entitled to pay under New York and federal wage and hour laws.

The good news is there is a clear trend towards recognizing interns as employees and contributors to the organizations for which they work. Interns deserve pay and protection from discrimination like all other employees. Two major developments in the trend are the adoption of statutory protections for interns and the impending decision on unpaid internships by a federal appellate court.

New York Anti-Discrimination Law

Until last year, New York’s State Human Rights Law (NYSHRL) did not expressly provide protection against discrimination and harassment to interns. In one 2013 case applying the NYSHRL and New York City Human Rights Law (NYCHRL), a federal court confirmed this lack of protection after an intern sued her employer for sexual harassment.

The intern claimed that her supervisor had discussed sexually explicit information with her, lured her into his hotel room on a business trip where he groped her and used force to attempt to kiss her. Subsequently, she claimed retaliation, egregious conduct that would usually strongly favor the plaintiff in the lawsuit.  Unfortunately, the court found that neither NYSHRL nor NYCHRL provided her any protection because the laws only protected employees, not interns.

That case has changed things for interns in New York State. First, in March of 2014, New York City added express protections for interns to its Human Rights Law. A few months later, New York State passed legislation extending discrimination and harassment protection to interns.

Second Circuit Hears Consolidated Unpaid Intern Cases

In a prior blog we discussed Glatt v. Fox Searchlight Pictures, the case in which two interns succeeded in a lawsuit against Fox on the grounds that its failure to pay them a minimum wage and overtime during their unpaid internship was illegal under New York and federal wage and hour laws.

Another case, Wang v. The Hearst Corporation, decided a year prior to Glatt, was less favorable for interns. The court there applied a different test from the one utilized in Glatt and found that the interns were not entitled to compensation under New York State and federal law.

Not surprisingly, both cases were appealed and the 2nd Circuit, a federal appellate court, and heard oral arguments on them earlier this year.  No opinion has been issued on either case, but we are awaiting the outcome which will significantly impact the rights of interns in New York.

The cases have gained such widespread media attention and public support that many employers have already begun shifting how they treat unpaid interns.

Wage and Hour Cases

Cases related to non-payment of minimum wage and overtime are not limited to interns.  Employees are entitled to minimum wage for their work and often, overtime pay for hours over 40 per week. If you have not been paid or have been underpaid by your employer contact the New York employment law attorneys at Joseph & Norinsberg at (212) JUSTICE or info@employeejustice.com.

What Every Employee Should Know About the Difference Between An Employee and an Independent Contractor

Posted in Wage & Hour Violations on April 10, 2015


At Joseph & Norinsberg, we help employees vindicate their rights under New York state and federal law when they’ve been discriminated against, harassed, or not paid the wage that they are entitled to.  Though every case is different, there are a number of issues and questions that arise frequently.  One of those is: Does it matter whether I’m an “independent contractor” or employee?  The short answer is: Yes, this is a crucial distinction in employment cases.

Why the Distinction Matters

The distinction between employee and independent contractor is most often thought of as relevant to tax obligations – and it is.  However, the distinction is also crucial in determining whether an individual can bring a lawsuit for wage and hour violations or employment discrimination based on race, color, religion, sex, national origin, or other protected class.  Under New York and federal laws, only employees are protected and thus, only employees can bring suit for these types of violations.  New York City is a notable exception within the state of New York, as it protects independent contractors from discrimination.

How Courts Decide

Under New York and federal law, courts are more concerned with substance than form in determining whether a person is an employee or independent contractor for purposes of employment discrimination or wage and hour claims.  In other words, the fact that a person receives a 1099 form for taxes or is called an “independent contractor” by a business does not necessarily mean that they are an independent contractor.  How courts make this determination involves weighing a number of factors.  The evaluation process is similar but not identical under New York state and federal law.

Under federal law, courts apply the economic realities test, which focuses on whether the individual is financially dependent on the employer.  If they are, they are an employee, regardless of title or agreement.  If they are not, then they are an independent contractor.  In making this determination, courts try to evaluate the relationship as a whole, evaluating any relevant factors, including how much control the business has over the worker, how important the work performed is to core business operations, whether the worker has discretion in how they perform their duties, whether the relationship is permanent and indefinite or for a fixed period of time or project, and whether the worker has his or her own supplies and employees.  Courts are free to take into account other relevant factors and no single factor is determinative.

New York law is similar, but focuses more on the amount of control the business has over the worker’s conduct.  Factors considered include whether the employee is able to perform work for other businesses, whether the worker is on the business’s payroll, and whether the worker is required to work certain hours at a set location.  Like the employee-independent contractor analysis under federal law, courts applying New York law will look at the situation as a whole and are not limited to these factors.

Your Employment Law Case

Whether you are an independent contract or employee is just one of the many issues that may arise in your New York or federal employment discrimination or wage and hour case.  The attorneys at Joseph & Norinsberg have experience navigating these issues to help employees obtain successful outcomes.  Contact us today at info@employeejustice.com or by calling 212-JUSTICE to discuss your options.

Companies in New York Fail to Pay Overtime

Posted in Wage & Hour Violations on January 23, 2015

Woman-businesswoman-under-stressNew York and federal labor laws provide protections for those working in the state of New York.  Two of the most well known protections are the minimum wage and mandatory overtime laws.  New York’s minimum wage already exceeds the federal minimum wage of $7.25 and was increased to $8.75 at the end of 2014.  New York largely follows federal overtime laws, which provide that employers must pay time and a half for hours worked over 40 in a week.  Failure to pay overtime can result in civil penalties against the employer.

Exempt Employees

There are certain types of employees that are considered exempt from the overtime rules.  These exempt employees are paid a salary rather than an hourly wage and often end up working far more than 40 hours per week without overtime compensation.  To be exempt, employees must either fall into one of the categories of jobs that are automatically exempt, like outside sales professionals, or make a certain salary and perform what are referred to as exempt job duties.

There is a temptation on the part of employers to try to classify employees as exempt in order to avoid having to pay overtime wages.  However, it is form, and not title, that matters.  In other words, if an employer calls an employee “exempt” but the employee doesn’t meet the legal tests for an exempt employee, that employee is entitled to overtime and the employer’s failure to pay overtime is illegal.

When Employers Don’t Follow The Law

Most employers follow federal and New York wage and hour laws, including those governing overtime, but some don’t and their employees suffer.  Fortunately, under the law employees can pursue and obtain their unpaid back wages, attorneys’ fees and costs, and in many cases, liquidated damages of the amount of unpaid wages.  In other words, double the back pay due.

Of course, some employers mean well but are uninformed or ill-advised, and don’t pay overtime or don’t pay all overtime due to their employees.  Where the failure to pay time and a half for hours was in good faith and based on the employer’s reasonable belief that it was in compliance with state and federal overtime laws, 29 USC § 260 gives the court the ability to award only back pay and no liquidated damages.  On the flipside, if the employer’s failure to pay overtime was willful, the court will double the liquidated damages award.

Types of Employees Most At Risk

Due to the unique nature of their schedules, certain types of employees are more at risk of having their overtime illegally withheld.  Those groups of employees include medical workers like nurses or LPNs, service professionals like cooks and servers, and laborers like nannies that provide work inside the home.

For employees that receive tips, issues like tip-sharing and the tip credit towards the minimum wage can make overtime issues confusing and increase the likelihood that a tipped employee was underpaid for their work over 40 hours per week.  Tipped employees, like all other non-exempt employees, are entitled to mandatory overtime of time and a half for hours worked over 40.  The calculation of time and a half should be based on the minimum wage, not the lower cash payment.

Your Overtime Wages

If you think you may be entitled to back-pay for your employer’s failure to pay overtime, contact the attorneys at Joseph and Norinsberg by phone at 212-JUSTICE or e-mail at info@employeejustice.com.

Interested in a Free Consultation?