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.

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.