New York City Wage and Hour Attorneys

New Yorkers spend most of their waking hours at work trying to make an honest living for themselves and their families. Unfortunately, there are some employers who have no qualms about taking advantage of their employees and refuse to pay them what they deserve and what law requires. Thankfully, Federal, New York State and New York City laws are in place to help employees fight back against wage theft and employee exploitation. Over the years we have helped many individuals recover wages rightfully owed to them from employers who have abused their power in the following ways:

Minimum Wage Violations

Under the Fair Standard Labor Act (FSLA) and New York Labor Law (NYLL) employers are required to pay their employees at lease a minimum wage. However, there are some employers out there that are still taking advantage of those who need their pay check the most. This often affects the neediest who are living paycheck to paycheck. Often employers do not keep proper records showing what they have paid their employees, but that will not stop an aggrieved employee from bringing a minimum wage violation claim. In some instances, if the employer does not have the proper supporting documentation, it is presumed they violated the law. On the other hand, if the employer has records indicating a minimum wage was paid, then there might not be a claim. It is important to get an attorney who understands how to read payment stubs and analyze employment records to see if there is a viable claim. If these violations are happening to you, they could be happening to your colleagues and you want an attorney who can get you paid for the work you have done. At Cohen & Fitch we can get you back pay for months and even years of underpayment of wages.

Overtime Violations

Even if employers pay you the minimum wage, Federal and State laws labor laws require them to compensate you appropriately for overtime. Specifically, if an employee works for more than forty hours in one week, they are entitled to one and a half times their regular hourly wage for every hour they work over forty hours. Unfortunately, employers try to exploit their workers and have them work ever increasing hours without paying the required amounts. Employers must have accurate time sheets and proper documentation showing how many hours each of their workers have worked in any given week to prove that their employees were not entitled to overtime. Their failure to keep those records could – in some cases – automatically entitle employees backpay for missed payment on overtime.

Spread of Hours Violation

Similar to overtime violations, in our ever increasing and overworked society, there are some employers who ask their employees to work double shifts or more than ten consecutive hours in one day. Under the law, however, when employees work more than ten hours in one day, they are entitled to an extra hour of pay in addition to whatever overtime might be due to them. Employers often do not provide this pay and rob their employees of hundreds of hours of compensation rightfully owed to their employees.

Retaliation

An employer is not allowed to retaliate against an employee who complains about wage violations. The main reason people fail to report these violations is because they fear losing their jobs or getting demoted for speaking up against worker abuse. However, any form retaliation is separately actionable and can lead to the recovery of additional damages, above and beyond backpay. For instance, if an employee is terminated for speaking up, he or she can be compensated for the wages they would have received had they not been terminated or demoted and potentially obtain damages for mental anguish, as well as have their attorney fees paid.

Contact a wage and hour attorney at Cohen & Fitch

You want to hire an attorney who will fight for every dollar that you deserve. The attorneys at Cohen & Fitch will make sure you are compensated and will ensure that these abuses at work are stopped. Call us to set up a free consultation at (212) BAD-BOSS.

Victims of retaliation can receive recovery for lost wages, wages they would have received had they not missed a raise or promotion due to retaliation, job reinstatement if terminated, payment for mental anguish if the discriminatory acts were damaging, and money for attorneys’ fees. It’s worth filing a claim if you’re suffering retaliation for speaking against sexual harassment. Cohen & Fitch, LLP is passionate about helping victims in the workplace and our attorneys are skilled professionals. Call (212) BAD-BOSS today for a free initial case consultation.

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