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ESUnder both the federal Fair Labor Standards Act (FLSA) and New York Labor Law, employees are entitled to be paid at least the minimum wage for every hour worked and overtime pay for hours worked beyond 40 in a week. When employers fail to meet these requirements — through unpaid overtime, off-the-clock work, illegal deductions, or misclassification — workers may be entitled to significant compensation. Fitapelli & Schaffer, LLP has recovered more than $100 million for employees in wage and hour claims nationwide. Explore our wage and hour practice areas below or contact us for a free consultation.
Common Types of Wage and Hour Violations
- Unpaid overtime — not receiving time-and-a-half pay for hours worked over 40 in a week
- Minimum wage violations — being paid less than the legally required minimum wage
- Off-the-clock work — being required to work before clocking in, after clocking out, or during unpaid breaks
- Misclassification — being wrongly classified as an independent contractor or exempt employee to avoid overtime pay
- Tip violations — illegal tip pooling, tip theft, or improper tip credit calculations
- Spread-of-hours violations — not receiving required extra pay for shifts spanning more than 10 hours
- Unlawful deductions — improper deductions from paychecks for uniforms, breakages, or shortages
- Untimely pay — not receiving wages on time or in full on scheduled payday
Why Choose Fitapelli & Schaffer for Your Wage and Hour Claim
- Over $100 million recovered for workers in wage and hour claims nationwide
- Decades of combined experience litigating FLSA and New York Labor Law claims
- Free consultations and contingency-fee representation — no upfront legal fees
- Experience representing workers across industries: restaurants, retail, banking, construction, health care, and more
- Direct attorney access throughout your case
Our attorneys have recovered wages for workers across industries, from restaurant servers and bartenders denied proper tip credit to bank loan officers and personal bankers misclassified as exempt from overtime to retail and warehouse employees denied proper overtime pay. Learn more about our current cases and past results below.