Overtime, Wage and Hour Violations Attorney in New York City, NJ & Philadelphia

FLSA Attorneys – Wage violations in NYC, NJ and Philadelphia are illegal. Have you done your part as a diligent and dependable worker? Have you shown up on time and performed your job well? Like any hard worker, you expect to be compensated appropriately for hours worked as well as overtime pay. However, many New York City, New Jersey and Philadelphia employers are all too concerned about their profit margins – at the expense of their employees’ welfare. Despite the extensive federal and state laws protecting the wage and hour rights of workers in New York City, New Jersey and Philadelphia some companies still try to skirt employment laws and deny employees full and proper compensation for hours worked . If your employer has pressured you to work off the clock and refused to pay overtime, not paying you what was agreed or denied you mandatory work breaks, you and your co-workers may have grounds for a Wage and Hour violation lawsuit to collect back pay and penalties.

New York City Wage and Hour Violations Attorneys | New York Employment Discrimination Attorneys | New Jersey Wage and Hour Violations Attorneys | Philadelphia Wage and Hour Violations Attorneys | Philadelphia Employment Discrimination Attorneys

When organizations, companies, and corporations take advantage of hard-working employees like you, the overtime wage & hour violations lawyers at the Derek T. Smith Law Group vigorously defends your employee overtime wage and hour rights. Our overtime wage & hour violations attorneys serves employees in all of New York City’s five boroughs, including Manhattan, the Bronx, Brooklyn, Queens, and Staten Island. we also represent employees in New Jersey and Philadelphia in all employment law matter such as wage and hour violation claims. Your claim under federal law, must be filed as a lawsuit in court within 2 years of the violation for which you are claiming back wages, except in the case of an employer’s willful violation, in which case a 3-year statute applies.

Examples of overtime wage and hour violations in New York City, NJ & Philadelphia

Unfortunately, employers intentionally exploit workers who do not fully understand their employment rights. Some of the many ways in which wage and hour violations occur include:

  • Misclassifying employees as exempt
  • Misclassifying employees as independent contractors
  • Falsifying time cards
  • Denying overtime pay
  • Failing to pay minimum wage to tipped workers
  • Allowing managers to skim off tipper workers’ pools
  • Pressuring employees to work off the clock
  • Not paying time-and-a-half for hours worked over 40 in a work week

For every second you work, you deserve every penny you have earned. Do not let a demanding boss pressure you into an illegal and unethical working situation. Learn more about your employee rights under New York and federal law by arranging a free consultation with a wage and hour lawyer at the Derek T. Smith Law Group today.

Minimum Wage in New York City, New Jersey and Philadelphia

As of December 2014, the minimum wage in New York is $8.75 per hour, New Jersey’s minimum wage is $8.38 and Pennsylvania’s minimum wage is $7.25. Remember, this amount increases regularly, so make sure you are earning at least the minimum wage required at all times. Employers are NOT permitted to pay employees less than the minimum wage.

Rules for tipped employees in New York City

The standards for employees who work based on tips are a bit different. Thousands of workers in NYC depend on tip money, such as restaurant servers, hospitality workers, bartenders, hair stylists, and more.

As of December 2014, these are the tipped employee standards in New York:

  • Food service workers are required to be paid $5.00 per hour with a $3.75 hourly tip credit
  • Service employees in restaurants and hotels are required to be paid a $5.65 hourly rate with a $3.10 per hour tip credit
  • Service employees in resort hotels must be paid $4.90 per hour with a $4.90 tip credit

In short, the hourly rate of tipped employees must equal at least the minimum wage. So, your hourly rate paid by your employer plus your tips must be at least $8.75 per hour.

In some cases, unscrupulous employers pay employees less than the state minimum wage, deduct tips from employees’ paychecks, force servers and bartenders to pay for guests who walk out on their bills, and more. In regards to overtime, your time card may have been altered, so if you actually worked more than 40 hours, your time card officially reports that you worked 40 hours or less. If you suspect wrongdoing on your employer’s part, speak with an attorney right away.

Commissioned employees

Again, the laws regarding professionals who work on commission are a bit tricky. Such commissioned workers include car salesmen, loan officer, general sales people, and account managers. Despite what you may have heard, the Wage and Hour Attorneys at the  New York City Derek T. Smith Employment law firm can assure you that you are entitled to minimum wage for all periods you do not earn a commission. Additionally, you may be entitled to overtime pay for all hours worked over forty hours per week.

Overtime Pay

According to New York law and the Wages and the Fair Labor Standards Act (FLSA) – a federal statute – the standard workweek is forty hours per week. If you are a non-exempt employee, you must be paid no less than time and one-half of your regular pay for all hours over 40. So, if you work 40 hours at a rate of $10 per hour, and one week you work 45 hours, you must receive at least $15 per hour for the five additional hours you worked.

The Act applies on a workweek basis. An employee’s workweek is a fixed and regularly recurring period of 168 hours. Overtime does not mean working on weekends or holidays, unless you are working those days and you happen to be working over 40 hours that week.

Exempt employees

As many of our New York City, New Jersey and Philadelphia wage and hour violation clients know, many workers are classified as “exempt,” meaning they are exempt from overtime pay. Generally speaking, an employee usually must earn at least $455 per week to qualify as exempt. Exempt employees include:

  • Administrative workers, such as HR representatives and accountants
  • Executives, such as CEOS and Presidents
  • Learned professionals, such as doctors and lawyers
  • Highly compensated professionals, including those who earn $100,000 per year or more
  • Creative professionals, including artists and musicians
  • Computer-related professionals, such as systems analysts
  • Outside salespeople

Confused about whether you are being improperly classified as a non-exempt employee? Speak with one of our New York City, New Jersey or Philadelphia wage and hour attorneys today.

Non-exempt employees

Non-exempt workers are typically hourly employees who are entitled to overtime pay. Employees who fall within this category must be paid at least the federal minimum wage for each hour worked and given overtime pay of not less than one-and-a-half times their hourly rate for any hours worked beyond 40 each week.

Rules for independent contractors

Workers classified as “independent contractors” are generally not entitled to the same employment benefits as regular employees. Yet – an employer may try to illegally categorize you as an independent contractor, when you really should be labeled an employee. Let our employment lawyers in New York City, New Jersey or Philadelphia review your working situation and decide if you have been misclassified as an independent contractor.

Let a New York Overtime wage and hour attorney help you receive every cent you earned

The Derek T. Smith Law Group is the premier, full-service employment law firm in New York City, New Jersey and Philadelphia. Do not wait to call us at 877-4NYLAWS today or contact us online to schedule your free initial consultation. We accept overtime wage and hour violation cases on a contingency fee* basis, meaning you owe nothing unless we successfully recover compensation on your behalf. Our team of committed, dedicated Overtime Wage & Hour lawyers have an outstanding reputation serving clients in Manhattan, Brooklyn, Queens, the Bronx, and Staten Island and throughout the state of New York. We also represent employees sexual harassment cases in New Jersey, Philadelphia & Washington D.C. – let us help you today.


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