New York City Wage and Hour Claims Lawyer ?
- April 18, 2024
- December 2, 2024
Every day, countless New York City employees are cheated out of money and not paid their legal wages. Under both state and federal laws, employees must receive all earned wages. Fortunately, an experienced New York wage and hour lawyer from Joseph & Norinsberg LLC can help you obtain lost wages and hours from your employer. Contact us online or call (212) 227-5700 to schedule a free consultation with us today to learn how we can help.
Table of Contents
- Why Choose Joseph & Norinsberg LLC For Your Wage and Hour Case?
- How To File a Wage and Hour Claim Against An NYC Employer
- How Much Compensation Can I Receive for My Wage and Hour Dispute?
- Is My Employer Stealing From Me?
- Steps Involved in a Wage and Hour Case in New York
- Wage and Hour Laws in New York City
- Contact Joseph & Norinsberg LLC For Your Wage and Hour Case
Why Choose Joseph & Norinsberg LLC For Your Wage and Hour Case?
If you or a loved one have not been paid your legal wages, contact Joseph & Norinsberg LLC’s NYC attorneys for wage and hour disputes. We have ample experience providing tailored legal help for wage theft in NYC. Our team of experienced wage and hour attorneys in New York is committed to fighting passionately and aggressively for every client who walks through our doors, no matter the client’s identity or case size.
We take great pride in our five-star rating on Google because it represents our clients’ satisfaction with our high-quality services. At our firm, we treat every client as if they were a member of our own family. Many of our clients stay in touch with us long after we have resolved their cases. Their testimonials speak for themselves:
We are a widely recognized employment law firm in New York and New Jersey. With Bennitta Joseph and Jon Norinsberg at the helm, our firm won the “Best Litigation Attorneys in NYC!” badge from Expertise.com.
Ms. Joseph was previously employed as a prosecutor at the New York District Attorney’s office, and Mr. Norinsberg was featured on the front page of the New York Law Journal for his work in civil rights litigation. His passion for defending workers’ rights grew during his tenure at the New York City Law Department.
At the end of the day, we understand that our clients need results. We have a strong track record of securing high-value case results on their behalf:
class action settlement for more than 3,000 office cleaners – This class action was represented by class representative and lead plaintiff Sonia Portillo. The plaintiffs alleged unpaid wages for traveling between job locations throughout their workday. Despite the company’s denial of wrongdoing, we obtained a favorable outcome for the plaintiffs.
settlement for a master electrician and event lighting coordinator – Their claims of unpaid wages were against their former employer, a well-known owner and operator of event spaces in New York City. The defendant terminated our client’s employment after she raised the issue. Despite strong opposition, we obtained a significant settlement for our client.
settlement for a group of mechanics who alleged late wages and unpaid overtime – Although they were considered “manual workers,” which entitled them to weekly pay, they were not paid on time. In fact, they were underpaid by the defendant several hours per week. Our firm represented seven clients in this action and obtained a successful outcome in just a few months.
How To File a Wage and Hour Claim Against An NYC Employer
Many forms of harassment and discrimination can lead to a wage and hour claim. Employees should report any form of discrimination they witness, including negative actions against someone for their disability, age, race, national origin, religion, gender, or sexual orientation. If you’ve been the victim of workplace harassment, you should make a formal complaint internally with the department at your company responsible for these issues.
However, if this results in retaliation, you have another problem on your hands and should consult with an attorney as soon as possible to protect your rights. Remember, you do not have to suffer wage or hour reductions because you report illegal activity, including wage withholdment.
A wrongful termination can ruin your career and place you and your family in financial hardship. No matter what your wage or hour reduction looks like, if you believe it amounted to unlawful retaliation, contact our New York City labor lawyers today.
How Much Compensation Can I Receive for My Wage and Hour Dispute?
Under the Wage Theft Protection Act in New York, you may be entitled to several types of compensation for your wage and hour dispute. These include reinstatement of the worker and compensation for lost wages. The damages you can recover may include unpaid wages and different types of statutory damages. In New York, you may receive up to 100 percent of your lost wages in liquidated damages.
Employers in violation may also be forced to pay penalties of up to $10,000. If the employer fails to comply with an order to pay, the Department of Labor may add 15 percent in damages to a judgment.
To learn more about the specific types and amount of compensation you can receive for your dispute, consult our New York wage and hour lawyers. We can assess your case, calculate the amount you are owed, and provide guidance on the best path forward. Our skilled attorneys will fight for fair compensation on your behalf and work to maximize your chance of achieving a favorable outcome.
What Is the Time Limit for Filing a Wage and Hour Claim?
Under the Federal Labor Standards Act, an employee only has two years to bring an action for unpaid minimum wages, unpaid overtime compensation, or liquidated damages. By contrast, the New York State statute of limitations for filing a wage and hour claim is six years.
If you do not file an action before the deadline, you may be barred from filing a wage and hour claim. Therefore, do not wait to seek legal representation. The sooner you reach out to our firm, the sooner we can investigate and file your case.
Is My Employer Stealing From Me?
Wage and hour disputes can cause substantial income losses. These repercussions are especially pronounced among individuals in positions such as waitstaff, freelance designers, and ride-share drivers. Employers can be held liable for engaging in various forms of wage theft, including:
- Not paying overtime
- Paying less than minimum wage
- Asking you to work off the clock
- Shaving or manipulating hours
- Stealing tips
- Falsely misclassifying you as an “independent contractor”
- Failing to provide wage notices or accurate paystubs
If you have experienced any of these violations, speak with our wage and hour lawsuit lawyers in New York today to discuss your legal options. We are here to ensure you know your full legal rights and options.
Steps Involved in a Wage and Hour Case in New York
Handling a wage and hour legal dispute alone can be daunting. You do not have to take it on alone. We are here to help. Below are the basic steps involved in a wage and hour claim:
- Initial consultation and case evaluation with a New York wage and hour lawyer – First, meet with a wage and hour lawyer to discuss your situation. Be sure to provide details about your employment and any suspected violations. Our lawyers will evaluate the merits of your case and help combat wage theft in NYC.
- Investigation and gathering of evidence to support the wage and hour claim – Next, your lawyer will thoroughly investigate your wage records and employment history. They will evaluate the extent of violations and wage theft to build a robust case.
- Filing a complaint with the appropriate agency or court – Your attorney will prepare and file a formal complaint before the all-important deadline.
- Negotiation and settlement discussions with the employer or their legal representatives – After filing your complaint, your lawyer will negotiate with your employer and their legal representatives. Our attorneys will present evidence of wage violations and use their negotiation skills to reach a settlement agreement that fairly resolves the dispute and gives you the compensation you deserve.
- Litigation to pursue compensation and justice for the victim of wage theft – If your employer refuses to negotiate a settlement for an appropriate amount, your lawyer can represent you in formal legal proceedings. Our attorneys will stand by you throughout the life of your claim.
Wage and Hour Laws in New York City
Wage and hour laws establish standards for minimum wage, overtime pay, recordkeeping, and youth employment, ensuring fair compensation and working conditions for employees. As an employee, you should familiarize yourself with these laws to protect your rights and prevent wage theft. Here are the most significant wage and hour laws in New York City:
Fair Labor Standards Act
Enacted in 1938, the Fair Labor Standards Act is the cornerstone of federal wage and hour regulations in the United States. It establishes minimum wage, overtime pay eligibility, child labor, and recordkeeping standards. Under federal law, most employees must receive overtime pay at 1.5 times their regular pay rate for all hours worked over 40 in a workweek.
New York State Labor Laws
New York also has robust labor laws governing wage and hour practices. Here are some of the highlights:
- Minimum wage – As of December 31, 2022, the minimum wage is $15.00 in New York City, Long Island, and Westchester, and $14.20 for the rest of New York State for most workers.
- Wage and hours for restaurant workers – Restaurant workers earn a $10.65 cash wage with a $5.35 tip credit.
- Employee misclassification – Misclassification happens when an employer treats employees as independent contractors to avoid certain legal requirements regarding Social Security, tax withholding, workers’ compensation, unemployment insurance, temporary disability, overtime, minimum wage, and other protections for workers.
- Salary threshold for overtime exemption – Starting January 1, 2024, the salary threshold for overtime exemption is around $1,200/week in New York City, Nassau, Suffolk, and Westchester. It is set at $1,124.20/week for the rest of New York State for most workers. These numbers are adjusted upwards yearly.
- Unlawful wage deductions – Under New York Labor Law, employers cannot make illegal deductions from workers’ wages. These include deductions for losses to the business, breakages, fines, cash shortages, deductions not listed in Section 193 of the Labor Law, charges for check replacement, and overcharges for paid family leave premiums.
- Unpaid commissions – If your employer fails to pay your sales commissions, they can be held liable for double the damages incurred.
Contact Joseph & Norinsberg LLC For Your Wage and Hour Case
Wage and hour claims can be complex, especially if you are not a lawyer. That is where Joseph & Norinsberg LLC’s experienced NYC wage and hour claim lawyers come in. We have the resources, knowledge, and experience to fight for your rights and ensure you get the compensation you deserve.
Contact us online or call (212) 227-5700 to discuss your legal options with our New York City wage and hour claim lawyers. Our skilled legal team can also assist with cases involving wrongful termination, unlawful raise denials, and other labor law issues.
