How A Criminal Defense Attorney Can Help You Fight Minimum Wage Violations

March 27, 2020

New York residents, much like other big-city dwellers, can sometimes work long hours in order to support themselves and their families. Certain employers woefully attempt to take advantage of workers by unexpectedly asking them to work double shifts and failing to adequately pay them for the hours they put in and in accordance with local and state laws. A reputable criminal defense attorney in New York City should be capable of assisting you if you believe a minimum wage violation has been committed against you, and the criminal defense law firm of Cohen & Fitch LLP is an excellent organization to contact.

Fair Labor Standards Act: New Overtime Rule

In September 2019, the Department of Labor implemented a “final rule” that took effect on Jan. 1, 2020. This rule increased the salary-level threshold for white-collar exemptions (for the first time since 2004) from $455 per week to $684 weekly, which amounts to $35,568 a year for a full-year working professional. This rule is set to update the status of 1.3 million American employees to make them eligible for overtime pay. This new law also dictates that unless they are exempt, workers covered under the Fair Labor Standards Act (FLSA) are required to receive at minimum one-and-a-half times their regular pay rate for all hours over 40 worked during a workweek.

It’s also important to note that meeting the new salary threshold does not instantly mean a worker can be considered exempt from overtime pay. The employee’s job responsibilities must also mainly relate to administrative, professional, or executive work, which the Labor Department’s regulations define. Many workers in New York City hold these types of jobs. However, workers classified as “managers” and “professionals” who earn under $684 per week are now eligible for overtime pay.

Filing A Minimum Wage Violation Claim

No worker in today’s world should ever have to live paycheck to paycheck. Unfortunately, employers sometimes fail to maintain adequate documentation to show exactly how much their employees have been paid. However, this shouldn’t stop you from bringing a minimum wage violation claim if you believe you have been wronged. Employers are generally not permitted to retaliate against employees who complain about wage violations. Therefore, don’t let the fear of being demoted or terminated stop you from speaking out. Should an employer retaliate against you, then you may be able to obtain damages for mental anguish and even have attorney fees paid.

At Cohen & Fitch, we can help you recover months’ worth of back pay and potentially even years of underpaid wages. We have over 15 years of trial experience and will work tirelessly to ensure any type of abuse against you is stopped. Cohen & Fitch serves all five boroughs in New York City and was named one of the Best Law Firms by U.S. News & World Report in 2019. Call us today at (212) BAD-BOSS (223-2677) or contact us online to set up a free consultation or for more information about our work.