New York Wage Theft Attorney
Tenacious Legal Representation in Wage Theft Claims
Wage theft can occur in many ways but it basically boils down to employers failing to pay workers fairly or completely under local, state, and federal wage and hour laws. The federal Fair Labor Standards Act and other laws have been established to protect workers against various types of wage theft. At T. A. Blackburn Law, PLLC, we are well-versed in employment law and in all varieties of wage theft, from failure to pay minimum wage to unlawfully appropriating the tips of restaurant and hotel workers who rely on them for their livelihood. If you have experienced some type of wage theft, we urge you to reach out to our firm to get the assistance you need. You may have grounds for a claim with the Equal Employment Opportunity Commission (EEOC) or a claim made through civil court.
What Are Common Examples of Wage Theft?
The following include the various ways in which wage theft can occur to workers:
- A failure to pay full minimum wage for all hours worked, as governed by New York City, state, or federal law. This can lead to a wage claim wherein you can recover your unpaid wages as well as additional damages.
- A failure to properly pay for overtime hours beyond a 40-hour work week. Employers cannot get around this by averaging hours worked during a two-week period or by misclassifying an employee as exempt from overtime when they are not. These claims can lead to penalties for employers including fines as well as double the unpaid wages owed.
- Unlawfully appropriating tips belonging to service workers or sharing them with other employees who are not eligible to receive them.
- Unlawfully deducting pay for meal breaks where they should be paid, such as when an employee must work during his or her lunch break. Penalties and fines can apply in this situation.
- Taking deductions out of your paycheck that are illegal or to which you have not agreed. Legitimate deductions include such things as taxes, pension deductions, and more. However, deductions not authorized under law cannot be taken that were not agreed upon, such as for breaking something, being late, or having a cash shortage.
- A failure to pay for all hours worked, even when those hours occurred prior to clocking in or after clocking out.
- Violations of what constitutes an unpaid intern per legal definitions and regulations. Unpaid interns must meet the specific criteria that defines them. If they do not, they must be treated and paid as employees.
- A failure to pay for work that is done remotely, such as answering emails, taking phone calls, or writing reports after hours at home.
- Wrongly classifying an actual employee as an independent contractor; this practice can result in the individual being denied certain wages.
- A failure to pay additional pay for working more than 10 hours in one day. Known as spread-of-hours pay, this practice can result in lost wages. It applies to those who split shifts as well, such as restaurant workers whose total hours in a single day exceed 10.
What Are The Minimum Wage And Overtime Laws In New York?
As of May 2023, the minimum wage in New York is $15.00 per hour. According to The New York State Minimum Wage Orders, overtime pay must be paid at the rate of 1.5 times the regular rate of pay for all hours worked over 40 hours in a workweek. There are some occupations that are exempt from overtime under the Fair Labor Standards Act (FLSA). To ensure that you are being paid correctly by your employer, be sure to speak with a New York wage theft lawyer at T. A. Blackburn Law, PLLC.
What Are Some Signs That I Am A Victim Of Wage Theft?
If you suspect wage theft, some signs to look out for include:
- Receiving less than the minimum wage
- Not receiving overtime pay when you work more than 40 hours in a week
- Unpaid final wages upon termination
- Unauthorized deductions from your paycheck
- Incorrect paychecks, even after you have asked about it
- Your employer asking you to work “off the clock”
- Employer deducting the cost of a uniform from your payroll
- No reimbursement for something you purchased with your own money for your employer
In any of the above scenarios, you may be able to recover unpaid wages and other damages, depending on the circumstances of your case. It is important to remember that you are protected under law and those laws can be enforced. At T. A. Blackburn Law, PLLC, we are passionate about protecting your employee rights, ensuring that you are treated fairly per all relevant laws, and fighting to bring you the justice you deserve.
“T.A. Blackburn Law helped me get the advice I needed.”- Former Client
T. A. Blackburn Law, PLLC valiantly challenges major corporations, government institutions, and those who irresponsibly wield their power to restore dignity to clients.
Mr. Blackburn knows that your case is worth pursuing and he will keep fighting until he has no fight left.
As someone who has faced discrimination and injustice himself, Mr. Blackburn understands what it takes to craft winning strategies.
Mr. Blackburn has taken several cases to administrative agencies like the EEOC and to State and Federal court, most of which have led to significant victories and settlements.
If you believe you were wronged, don't hesitate to get legal counsel and representation by a skilled and knowledgeable attorney. Reach out to T. A. Blackburn Law, PLLC today to speak with an attorney today.