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Wage Violations

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Each year, it is estimated that American workers lose between $40 billion and $60 billion to unpaid wages. That figure dwarfs the approximately $5.5 billion in total losses from burglary, robbery, and identity theft combined. Wage theft can take many forms, including failure to pay the minimum wage or overtime, tip theft, and failing to pay for all hours worked. For workers that are the victims of wage theft, there are federal and state laws designed to protect them.

Wage Theft Prevention Act

In 2011, New York’s Wage Theft Prevention Act was enacted, requiring employers to give written notice of wage rates to each new hire. The written notice must include:

Under the law, the notice must be given both in English and in the employee’s primary language.

Minimum Wage Violations

According to the New York State Department of Labor, the minimum wage has increased to $15 per hour for all size businesses in New York City. In Nassau, Suffolk, and Westchester counties, it is $13 per hour, while in the remainder of the state, it is $11.80 per hour. These rates differ for those in the fast food industry and those who receive tips. These rates will remain in effect until December 30, 2020.

Overtime Violations

When you are an employee who is able to work for overtime pay, you expect to receive those wages. But when that doesn’t happen, you may feel betrayed by your employer.

New York has strict regulations on overtime violations including:

Tip Theft

If you are a server, bartender, or hospitality worker in New York City, you probably rely on tips for the majority of your income. But when your employer doesn’t clearly explain the business tip process, you may be cheated out of your rightfully earned money.

In New York City, employers may follow tip sharing, tip pooling, and/or the tip credit system. When done correctly and conveyed to employees appropriately, this is not an issue for businesses or employees. But, when an employer does not follow state protocol correctly, tip theft may occur.

Unpaid Wages and Illegal Deductions

If you have not been paid for work you have done, you need legal guidance. Such cases of unpaid wages may include:

In addition, in New York, your employer cannot take illegal deductions from your pay. These may include:

You work hard for your paycheck. Don’t let an employer take advantage of you, resulting in unfair payment. If you have a wage and hour claim against your employer, we can help.
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Contact Brown Kwon & Lam, LLP if you believe you have a wage and hour violation. We are here to help.

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