Employees Must Be Paid for Their Work
Employees are often underpaid in ways that are not obvious at first. An employer may require off-the-clock work, misclassify employees as exempt from overtime, pay a flat salary that does not cover overtime, fail to pay for pre-shift or post-shift work, manipulate time records, withhold tips, or delay final pay. Executives, managers, assistants, sales employees, healthcare workers, hospitality workers, remote employees, and office employees can all experience wage violations.
Federal and New York Wage Laws
The Fair Labor Standards Act, 29 U.S.C. §§ 206 and 207, establishes federal minimum wage and overtime protections. The FLSA generally requires covered non-exempt employees to receive overtime pay at one-and-one-half times their regular rate for hours worked over 40 in a workweek. The FLSA is a protective statute, and courts have recognized limits on private waivers of FLSA rights. For example, Brooklyn Savings Bank v. O’Neil, 324 U.S. 697 (1945), addressed waiver of FLSA rights, and Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), addressed approval of many FLSA settlements.
New York employees may also have claims under the New York Labor Law, including Article 6 wage-payment provisions and Article 19 minimum wage provisions. Relevant provisions may include NYLL §§ 190, 193, 198, 650, 652, and 663, depending on the claim.
Common Wage Violations
Unpaid wage and overtime cases may involve:
- Working more than 40 hours without overtime.
- Being paid a salary but still being legally entitled to overtime.
- Being misclassified as an independent contractor.
- Working before clocking in or after clocking out.
- Answering calls, texts, or emails after hours without pay.
- Unpaid training, travel time, security checks, or setup/cleanup time.
- Tip theft or unlawful tip pooling.
- Failure to pay commissions, bonuses, or final wages.
- Wage statements or wage notices that do not comply with New York law.
Retaliation for Wage Complaints
Employers cannot retaliate against employees for asking about pay, complaining about unpaid wages, reporting overtime violations, or participating in wage investigations. Retaliation may include termination, schedule cuts, threats, discipline, demotion, or immigration-related intimidation.
Related Fingerhut Law Pages
Wage Theft, Wrongful Termination, Retaliation for Protected Activity, Breach of Employment Contract, Whistleblower Retaliation.
Contact Fingerhut Law
If you were not paid minimum wage, overtime, commissions, tips, bonuses, or other earned compensation, contact Fingerhut Law for a confidential consultation.
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