Employment & Labor Law Attorney NYC | Charles Pascal Cohen Attorneys at Law
Our labor and employment law practice focuses on wage and overtime violations, and represents employees who have been wrongfully terminated. Call us today to protect your workers’ rights!
LABOR & EMPLOYMENT
Our Labor and Employment practice focuses on wage, overtime, and notice violations occurring under federal (FLSA), state (NYLL) and county law. We represent U.S. citizens, legal permanent residents, and undocumented workers, who have performed work but have not been paid or have not been paid the correct amount under the law. Additionally, we represent clients on related retaliation, wrongful termination and workplace discrimination claims.
Nonpayment of hours, minimum wage & overtime violations
Non Payment / Minimum Wage - Under the Fair Labor Standards Act (FLSA), all non-exempt employees must be paid at least the federal minimum wage for each hour worked. Similarly, under New York Labor Law (NYLL), non-exempt employees must be paid at least the state minimum wage for each hour worked (the state minimum wage is currently higher than the federal minimum wage). This is true, even for many people who receive a salary instead of hourly pay.
Overtime Wages - The FLSA requires that the vast majority of employers, pay all non-exempt employees at least one and one-half times (time-and-a-half) the employee's regular hourly rate of pay for work performed in excess of 40 hours per week. NYLL also mandates time-and-a-half once a non-exempt employee has worked over 40 hours in a work week. Again, this is true, even for many people who receive a salary instead of hourly pay.
Employer Notice Violations
Wage Statement - Under NYLL, an employer is required to provide each employee with an accurate statement of wages. This statement must contain:
- the dates of work covered by the particular payment of wages;
- the employee's rate of pay;
- the employee's overtime rate of pay;
- whether the employee is paid by the hour, shift, day, week, salary or other;
- the number of hours worked, including overtime hours worked;
- any deductions taken;
- gross wages;
- net wages;
- the name of the employee; and
- the name and address of the employer.
Employers who do not provide required notices to their employees, may be subject to penalties of up to $2,500 under the Wage Theft Prevention Act.
Notice of Pay Rate - Under NYLL, an employer is required to provide each employee with notice in English or in the employee's primary language. This Notice must contain:
- the employee’s rate of pay;
- the employee's overtime rate of pay;
- the employee's signature; and
- specify whether the employee will be paid by the hour, shift, day, week, salary, commission, or other.
*See the examples of a wage statement and an erroneous notice of pay rate included in this section.
Discrimination - Under federal and state law, the vast majority of employers are prohibited from discriminating against, harassing, limiting, segregating, or terminating employees on the basis of age, color, disability, national origin, race, religion, or sex. We assist employees who have had their rights violated under the ADEA, ADA, EPA, NYSHRL, Section 1981, Section 1983, and Title VII.
Wrongful Termination & Retaliation
Wrongful Termination and Retaliation - Federal and state law, prohibits employers (or agents of the employer such as managers) from discharging or otherwise discriminating against any employee because the employee has asserted a right under the law. For instance, an employer may not fire an employee for filing a lawsuit against the employer or for testifying against the employer.
Immigration Status in Labor & Employment Matters
A person's immigration status is irrelevant in cases involving nonpayment of wages, unpaid overtime, and penalties under the Fair Labor Standards Act (FLSA) and New York State Law (see: Rosas v. Alice's Tea Cup, LLC). Courts recognize that denying undocumented workers the protections of the FLSA would allow for abusive exploitation of workers and create an unacceptable economic incentive to hire undocumented workers, by permitting employers to underpay them.
Further, the Wage and Hour Division of the United States Department of Labor (DOL) will consider completing U Visa certifications, for the following eight crimes:
- involuntary servitude;
- obstruction of justice;
- witness tampering;
- fraud in foreign labor contracting;
- extortion; and
- forced labor.
Therefore, not only is immigration status irrelevant for wage and hour violation matters, but victims of unscrupulous employers may be able to get a U Visa and even legal permanent residence where the victim assists the DOL in prosecuting certain employer actions.