New York City Wage and Overtime Claims Lawyers

Workers are the engine of the New York City economy, making the Big Apple the most dynamic economy in the country. Unfortunately, too many workers suffer wage theft when their employer does not pay the minimum wage or cheats them out of overtime. Wage theft is inexcusable. Although sometimes the result of an honest mistake, most wage theft is a deliberate attempt to inflate a company’s profits by stealing from workers.

If you suspect you aren’t being paid what you are owed, call Carey & Associates, P.C. Our New York City wage and overtime claims lawyers can review the facts to determine if you have a solid claim. We can also bring a legal proceeding to obtain unpaid wages.

NYC Minimum Wage Violations

The federal minimum wage is only $7.25 an hour, but states and cities can set their own minimum. As of 2024, the minimum wage in NYC is $16 an hour. This minimum wage applies to all employers in the city, regardless of size.

It is easy to see if you are being paid the minimum. Divide your weekly check by the number of hours worked. If you are less than $16.00 an hour, then you are not being paid fairly. The minimum wage does not apply to independent contractors.

Minimum Wage & Tipped Employees

An employer can count your tips toward the minimum wage. This is called a “tip credit.” A NYC employer can pay less than the minimum wage provided you make the minimum wage once your tips are added back in.

What happens if the tips don’t pull you level with the minimum wage? Then your employer should make up the difference. We strongly recommend looking at every paycheck to see if you are being paid at least $16.00 an hour.

Unpaid Wages

Employers sometimes refuse to pay for all hours worked. This can include:

• Expecting off-the-clock work, such as setting up a store or restaurant or stocking shelves
• Not counting all hours worked
• Demanding an employee work through a meal or rest break
• Making illegal deductions from a paycheck
• Forcing employees to make work-related expenses out of pocket
• Denying vacation pay
• Misclassifying an employee as an independent contractor

A common violation involves off-the-clock work, such as restocking shelves at the end of a shift or sweeping up the floor. Even 10-15 minutes each day can really add up. Over the course of a year, you could be cheated out of thousands of dollars.

NYC Overtime Violations

Many workers have a right to overtime pay when they work more than 40 hours in a week. This overtime pay can represent a considerable amount of money, but employers often find ways of not paying what you earned.

The overtime laws are easy to understand. If a worker isn’t exempt from overtime, they should receive 1.5 their regular rate of pay for every hour worked over 40 in a week. Someone who makes $30.00 an hour should receive $45.00 per hour after working 40.

There are many misconceptions with overtime. For example, it’s not true that a salaried employee is automatically exempt from overtime laws. In most cases, a salaried employee must perform administrative, managerial, or professional job duties to be exempt. You shouldn’t simply accept your employer’s assertion that you aren’t entitled to overtime. Contact our firm if you have questions.

Protection from Retaliation

No worker should be punished for standing up for their rights. If you file a wage claim, an employer cannot take negative employment action:

• Termination
• Demotion
• Cut in benefits or pay

These retaliatory acts are illegal. You should mention any negative employment action taken by your employer. We can seek job reinstatement or other remedies on your behalf as part of your legal claim.

Your Right to Fair Pay

New York City workers should receive all the wages they are owed, including overtime. Call our law firm. You can bring a wage claim against your employer for all unpaid wages and receive liquidated damages in the amount of 100% of unpaid wages.

Here is an example: let’s say your employer owes you $4,000 in unpaid overtime. You can receive another $4,000 as liquidated damages. These liquidated damages provide an incentive for employers to pay fairly. You can also seek attorneys’ fees for your claim.

Speak with Our NYC Wage and Overtime Claims Lawyer

Carey & Associates, P.C., is an established law firm helping NYC workers get the money they are owed. Do not sit silently. Schedule a private consultation with our firm to discuss your work situation and why you suspect wage theft. Call (914) 705-5427.