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Long Island Wage and Hour Attorneys

Wage and Hour

New York Wage and Hour Lawyers Serving Long Island Employees

From required minimum pay rates to meal breaks, Long Island employees have many wage and hour law protections under federal and state law.

When an employer violates the law, either intentionally or unknowingly, it is critical for the affected employee to ensure that his or her rights are protected. Nobody should ever have to receive less pay than they deserve due to an employer’s failure to abide by overtime pay requirements or minimum wage laws. Further, anyone who has been denied meal periods or has been subject to illegal paycheck deductions deserves to be compensated. One of the dedicated Long Island wage and hour attorneys at Ricotta & Marks, P.C. can assist you with your claim.

How the Fair Labor Standards Act Protects Long Island Employees

Long Island employees have various wage and hour law protections under the federal Fair Labor Standards Act (FLSA). Those protections include the following:

  • Minimum wage: Employees must be paid at least the federal minimum wage of $7.25 per hour, but it is critical for Long Island employees to know that New York law provides greater protections that include a significantly higher minimum wage. The FLSA requires employers to abide by state minimum wage laws.
  • Overtime pay: All covered nonexempt employees (exempt employees are, for example, those paid on a salary basis) must be paid overtime pay rates for any hours that are worked beyond the 40-hour workweek. The FLSA requires that employees receive one and one-half the regular rate of pay for each hour worked beyond the 40-hour workweek, but again, New York law provides additional protections for employees.
  • Recordkeeping: The FLSA requires employees to keep employee time and pay records, and to post information about the FLSA and employee wage and hour law protections in the workplace.

The FLSA does not require employers to provide a meal period or a rest break for employees, but it does require employers who give a meal period to an employee (and do not pay the employee for that time) to ensure that the employee is not required to complete any work tasks during that period. Otherwise, the employee must be paid for the time.

Queens and Long Island

Labor Employment Lawyers in Queens and Long Island

Advocating on Behalf of
Employees

At Ricotta & Marks, P.C., we represent employees in a broad spectrum of legal matters, including:

Harassment

According to the NY Department of Human Rights, employers can be held responsible for sexual harassment in the workplace in the following circumstances:
If the harassment was the fault of a co-owner, manager, or supervisor the employer is responsible, regardless of whether or not they knew it was occurring
If the harassment occurred among regular employees, the employer can be held responsible if they knew about it, should have known about it, or failed to have a sexual harassment policy in place.
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Employee Discrimination

Our lawyers are prepared to represent clients who face any type of employment discrimination such as:
Gender discrimination
Marital status discrimination
Pregnancy discrimination and FMLA violations
Sexual orientation discrimination, including transgender discrimination and harassment
Age discrimination
Race or national origin discrimination
Disability discrimination
Religious discrimination
Criminal record discrimination
Violations of the Genetic Information Nondiscrimination Act (GINA)
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Wage & Hour Disputes

We handle many cases that involve wage and hour disputes, including people in certain industries who often fall victim to these situations as well as instances involving:
Unpaid overtime
Under-the-table compensation
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Education Law

New York City teachers face challenges inside and outside the classroom. When they face the possibility of losing their jobs, they deserve representation by experienced attorneys.

At Ricotta & Marks, P.C., employment law is our sole focus. We have represented teachers facing a broad spectrum of legal issues and we are committed to protecting teachers’ rights. To learn more, please do not hesitate to contact us and schedule a free initial and confidential consultation at our Queens or Long Island offices today.

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Wrongful Termination

Even in an ‘At Will’ Work Situation, You Have the Right to Work. Employers will always claim that they had a valid reason to lay off or fire an employee. But in many circumstances, this is just disguised discrimination of one form or another. Continued employment and advancement is frequently based on performance reviews. If you have a perfect record, then suddenly go from perfect to pariah, it may be a case of your supervisor or employer giving a negative review in order to have an excuse to remove you from your position or deny a promotion.

Sometimes these “Jekyll and Hyde” switches occur because a superior learned something about a subordinate that then caused him or her to have a negative bias, like the employee was of a certain religion or sexual orientation. Sometimes the reason is more obvious, like a bias against people of a certain race, being male or female, a woman becoming pregnant or people with disabilities.

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Other Employment Law Issues

As a full-service employment law firm, we can also help you with:
Labor and union representation
Mediation and arbitration matters
Employment contract negotiations and matters
Employer defense
Our New York employment attorneys are dedicated to ensuring that all workers have the opportunity to pursue successful careers, and experience workplaces that are free of harassment or other situations that create tension.
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Employee Wage and Hour Protections Under New York Labor Law

Long Island employees have more protections under New York Labor Law. These legal protections expand those under the FLSA, and it is important for employees to know that Long Island employers must abide by New York Labor Law when it comes to employee wage and hour rights. Some of those additional protections under New York Labor Law include but are not limited to the following:

  • Nassau and Suffolk Counties have a minimum wage of $13.00 per hour; It goes to $14.00 per hour as of December 31, 2020
  • Rest day for employees once per calendar week: and
  • Employers must provide at least 30 minutes of unpaid meal time if an employee works for at least 6 hours.

New York State law provides additional wage and hour protections for employees on Long Island. If you believe you have not been paid in a timely or fair manner, you should seek advice from an employment law attorney as soon as possible.

Wage and Hour Law Protections Against Retaliation on Long Island

All Long Island employees should know that federal and state wage and hour laws prohibit employer retaliation. To be clear, if you file a wage and hour law claim in order to seek the compensation you are owed, you should never have to face adverse actions from your employer simply because you exercised your rights under the law. Adverse actions that can amount to unlawful retaliation can include but are not limited to:

  • Getting assigned a less desirable schedule;
  • Being demoted;
  • Facing termination;
  • Being denied training opportunities;
  • Denial of certain benefits;
  • Experiencing increased and unexplained oversight;
  • Facing harassment;
  • Receiving a pay cut; or
  • Getting a poor performance review because of the wage and hour law claim.

Contact a Long Island Wage and Hour Lawyer Today

Employees have a wide variety of wage and hour law protections under federal and state law, including rights to be paid a certain amount of minimum wage and to be paid in a timely manner. Long Island employees also have rights to meal periods and rest breaks, as well as a higher minimum wage. Employers must abide by federal and state law when it comes to paying employees. When an employer violates wage and hour laws, our experienced Long Island employment discrimination attorneys can help you to hold the employer accountable.

At Ricotta & Marks, P.C., we have years of experience protecting employees whose rights have been violated. Contact Ricotta & Marks, P.C. online as soon as possible or contact our firm by phone at 347-464-8694 to discuss your options with an experienced New York employment lawyer.

Ricotta Marks

Ricotta & Marks, P.C.

We understand that your situation is urgent. Our New York employment discrimination attorneys will respond to your questions and concerns as quickly as possible.

Contact Our Office347.464.8694