EMPLOYMENT SERVICES
Unpaid Wages
The New York City employment lawyers at Fitapelli & Schaffer, LLP have recovered millions of dollars in unpaid wages for their clients, litigating against some of the largest and most well-known companies in the world. In today’s uncertain economy, it is unfortunate that whether accidental or intentional, many employers violate wage laws. If you believe that your employer may not be compensating you properly, feel free to contact us for a free consultation.
- In New York, employees are entitled to minimum wage, which is currently $7.25 per hour.
- If you work more than 40 hours per week, it is likely that you are entitled to time and one-half overtime for every additional hour.
- You are entitled to be paid for all of your work time, even if you perform work “off the clock,” before or after your shift.
- If you work more than 10 hours per day, you may be entitled to an extra hour of pay.
- Your employer cannot make unlawful deductions from your paycheck, even if you made a mistake.
- You may be entitled to liquidated or double damages for wage violations.
- In New York State, you can recover unpaid wages dating back Six (6) years.
- You are likely entitled to be paid a minimum wage of $7.25 per hour.
- Management and back of the house employees (cooks, dishwashers) cannot receive any portion of the tips, gratuities or service charges.
- All hourly restaurant workers are likely entitled to time and one-half overtime for every additional hour over 40 hours worked per week.
- Cooks, dishwashers, cashiers and hostesses are likely entitled to time and one-half overtime for every additional hour over 40 per week, regardless if paid by salary or hourly.
- You must be paid for all hours worked, even if you set-up or clean the restaurant before or after you clock in or out.
- You cannot be charged for customer walkouts or breakages.
- You may be reimbursed for the cost of your uniform and cleaning charges.
COMMISSIONED EMPLOYEES - SALESPEOPLE, LOAN OFFICERS
- You must be paid the equivalent of minimum wage ($7.25 per hour) if there are periods you do not earn any commission.
- Most commissioned employees are also entitled to time and one-half overtime for every additional hour over 40 hours worked per week.
- Your commission agreement must be signed and in writing.
- When you leave the company, if your company has been paid by the customer, you are entitled to your earned commissions.
