Wage & Overtime
At the law office of SAMUEL & STEIN, your money is our concern. We are committed to asserting and defending the rights of employers and working people throughout New York and New Jersey. Our lawyers are graduates of top schools, and we have the experience, the knowledge, and the dedication to safeguard your interests. Whether you are an employer or an employee, you should know your legal rights and your legal responsibilities. We will educate you and help to protect what rightfully is yours.
- Are you familiar with overtime (FAIR LABOR STANDARDS ACT – FLSA) wage laws? Under both the New York state labor law and federal law (Fair Labor Standards Act – FLSA), many types of workers must receive a time-and-a-half bonus for hours worked in excess of 40 per week, even if they’re salaried. Just because an employee is called a “manager” does not automatically make the employee exempt.
- Did you know that New York state labor law requires that many workers be paid an additional hour’s wages at the state’s minimum wage if they work more than 10 hours in one day? This bonus is referred to as the “spread of hours” premium.
- Do you know what the minimum wage is in New York and New Jersey? It currently is $8.00 per hour in New York. The law requires that employees be paid at least the minimum wage. You may have heard that there are special rules for tipped employees, but did you know that even a single mistake in the way an employer handles tips can entitle an tipped employee to the full minimum wage?
- Were you aware that the law prohibits an employer from firing or otherwise punishing an employee who complains about not receiving overtime pay or the minimum wage? Taking such action against an employee might be deemed an illegal retaliation.
- Do you know what hours an employee must be credited with and paid for? Just because the employer does not tell an employee to stay late or work through lunch or work at home does not mean the employer does not have to pay the employee for those hours. And just because the employer gives the employee a rest break does not mean the employer does not have to pay for that time. And if the employee is “on call,” the rules are even more complicated.
- Did you know that employers may not make unauthorized deductions from an employee’s wages, even if the employee owes the employer money? Our experience has shown this unlawful practice often occurs in the restaurant industry.
- Did you know that employees on public works projects are entitled to higher, “prevailing wages” from their employers? Employers who don’t pay the proper prevailing wage risk being barred from government contracts in the future.
- Did you realize that undocumented workers have virtually the same rights as any other employee with respect to wages? Therefore, they are entitled to receive overtime pay, the minimum wage, and the “spread of hours” premium.
- Are you familiar with the Fair Labor Standards Act – FLSA recordkeeping rules? Even employers who pay their employees properly are at risk in a wage and hour lawsuit if they don’t have the records to prove it.
- Did you know that federal and state law can provide for penalties and attorney fee awards against employers who violate wage and hour laws? Ignorance of the law is not a defense for employers, so mistakes can be very costly.
Running a business and working for a living are difficult tasks unto themselves. These tasks are further complicated if one is unfamiliar with certain basic employment practices. SAMUEL & STEIN is thoroughly familiar with the Fair Labor Standards Act – FLSA and can help to make your already difficult job that much easier. We can represent you if you have been sued or wish to bring a lawsuit, and we can teach employers how to comply with the laws to avoid being sued.