Unpaid Overtime or Wages in NYC
Lawyer Representing Workers Throughout New York
In the state of New York, employees are to be fairly compensated for the
work they complete, including at least the minimum wage and potentially
additional compensation for overtime work. For certain workers who are
paid an hourly rate, time and a half may be applied when working in excess
of 40 hours in one week.
When employers fail to pay rightful wages or overtime, this can be considered
wage theft. If you work in New York City, you are protected under both
state and federal laws and may be able to pursue compensation if you have
not been paid fairly.
Speak with Musa-Obregon & Associates for a
free evaluation of your case!
Employee Rights Under FLSA
Established in 1938, the Fair Labor Standards Act (FLSA) was created with
the idea that all American workers should be properly paid for the work
Under FLSA, there are two provisions when it comes to payment from an employer:
Minimum wages: So long as an employer meets the requirements to be covered under federal
law, they are required to pay the minimum wage of $7.25 an hour. Since
the state of New York’s minimum wage is currently $8.75 an hour,
this higher amount must be paid for all NY employees. It is scheduled
to be raised to $9.00 an hour in 2016.
Overtime wages: For employers who meet federal law standards, they are required to pay
any non-exempt employees for time they worked beyond 40 hours in one week.
They are to be paid time and a half that employee’s normal hourly rate.
Ability to File Under Federal Law
If your rights have been violated in relation to either of these provisions,
you have two years to file a lawsuit with federal court against your employer.
If the FLSA violation appears to have been willful by your employer, you
have up to three years. Additionally, your attorneys’ fees and liquidated
damages that double the actual amount owed to you may be recovered.
Ability to File Under State Law
In New York, employees have the ability to sue for wage theft from up to
6 years prior. You can also pursue overtime wages under state law as well.
State law and federal claims can be litigated at the same time in federal
court, in order to achieve maximum recovery.
Rights for Undocumented Workers in NY
Under the law, undocumented workers are still required to be paid legal
wages and are protected if they are not fairly compensated. The court
will require employers to pay their employees for improper compensation,
regardless of whether or not they are legally in the U.S. In these cases,
employers are not able to bring up immigration issues as a defense as
to why they did not pay rightful wages or overtime.
Free Consultation With Our NYC Wage and Hour Claims Attorneys
Musa-Obregon & Associates, we understand that federal and state wage and hour laws are very complex.
If you believe that you were improperly paid for work you completed in
New York City, Queens, Manhattan, The Bronx or anywhere in NY, do not
hesitate to retain an accomplished legal team from our firm.
We can investigate every facet of your case and discover the best course
of action to take, especially if other co-workers experienced the same
treatment. Let us fight on your behalf and seek out the financial restitution
that you deserve!
Call our New York City wage and hour attorneys with 100 years’ combined experience!