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Pay and Work Time

Pay and Work Time

Your Pay and Work Time in New York
Are Protected by Federal and State Law

We have state and federal laws that govern the minimum amount that workers are paid, who is paid overtime and how workers are paid. These are all in place to protect workers, ensuring that their employers treat them fairly.

Whether done unwittingly or intentionally, mistakes that employers may make include:

  •   Not paying the correct minimum wage
  •   Paying the “training wage” or “youth minimum wage” to the incorrect people or for too long
  •   Not paying overtime
  •   Incorrectly classifying employees in terms of overtime pay
  •   Making employees work “off the clock” and not giving them compensation
  •   Deducting too much for tips
  •   Paying employees under the table or in cash without any other benefits
  •   Deducting for wages paid in goods (for instance, if an employee is guaranteed a meal as part of his or her payment)

Any of these things can be actionable, and you should protect your rights. If you believe your employer has been paying you incorrectly, come tell our attorneys at Ricotta & Marks, P.C., your story. Our lawyers will listen attentively and use their knowledge of the law to determine whether or not your employer is in violation of state and federal wage and hour laws. We will aggressively pursue your case and work to resolve it successfully.

Call Ricotta & Marks, P.C., at 800-240-9269 or send us an e-mail to schedule your free initial consultation today. We help people in all types of industries with New York wage and hour claim issues, including those in the service industry.

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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Federal and State Law Protections

Federal and State Law Protections

Federal and State Law Protections for Employees

Employees in New York have certain rights when it comes to wages and pay under both federal and state law. The Fair Labor Standards Act (FLSA) is the primary federal law that provides protection to workers in New York and across the country, while New York State Labor Law and the Wage Theft Prevention Act (WTPA) protect workers under state laws in New York.

Under the FLSA, workers and employees in New York have some of the following protections:

  • Workers must be paid at least the federal minimum wage of $7.25 per hour (as we will explain, New York State Labor Law requires workers to be paid a much higher minimum wage, and New York employers must abide by New York law);
  • Nonexempt employees (such as those who are not salaried) must be paid overtime wages at 1.5 times the hourly rate for any hours worked beyond the 40-hour workweek;
  • Employers are required to display a poster that outlines worker rights and protections under the FLSA;
  • Employers must keep records of employee time and pay;
  • Employers must provide nursing mothers with reasonable break time to express breast milk, and employers must provide a place that is shielded from view and free of co-worker intrusion—and is not a bathroom—for a nursing mother to express breast milk;  Should this be somewhere else? It more goes to pregnancy discrimination than the type of labor law we are discussing here.  
  • Employees do not have a right to break time for lunch or a coffee break, but if an employer does give a break that lasts from 5 to 20 minutes, that break time is compensable (in other words, the employee must be paid for that time); and
  • Employees have a right to use a bona fide meal period (30 minutes or more) for themselves and cannot be required to complete work duties during that period, otherwise, the employer can be required to pay the employee for that time.

Additional Worker Protections Under New York State Labor Law

New York State Labor Law provides more protections to employees than the FLSA does, and it is essential for employers in New York to recognize that they need to abide by New York’s laws when they provide greater worker protections. Examples of some of the protections in New York include but are not limited to:

  • Minimum wage is set at $15.00 per hour in New York City, $13.00 per hour in Nassau, Suffolk, and Westchester Counties, and $11.80 per hour in the rest of the state;
  • Workers are entitled to “one day rest in seven,” meaning that certain employers are required to give certain employees one day of rest (at least 24 consecutive hours) during every calendar week; and
  • Certain employees are entitled to a noonday meal break of at least 30 minutes, and employees who have a shift that starts before 11 a.m. and continues beyond 7 p.m. are entitled to an additional meal period of at least 20 minutes between the hours of 5 p.m. and 7 p.m.

Protections Against Retaliation

New York law also gives employees protection against retaliation if they exercise their rights under New York State Labor Law. If an employer discharges, penalizes, discriminates, or retaliates in any other way against an employee who exercises his or her rights, the employer can be liable for retaliation. Employees have protection if they make a complaint, provide information to the Department of Labor, start a proceeding, testify, or engage in any other action related to rights under the Labor Law. If an employer retaliates, penalties can include:

  • Penalty of anywhere from $1,000 to $10,000 for a first offense, and up to $20,000 for a second or subsequent offense;
  • Required payment of lost compensation to the employee;
  • Required payment of damages to the employee; and
  • Other appropriate relief for the employee.

New York Wage and Hour Claims attorneys in Manhattan | Queens | Staten Island | Brooklyn | The Bronx| Long Island | Nassau | Suffolk.

The debate between who is salaried and who gets overtime seems to be a sticky one. If you make below a certain amount annually and your duties do not require any form of management, you are eligible for overtime under the Fair Labor Standards Act (FLSA). If you are salaried, have management responsibilities or some other high-level duty for your company, you may not be eligible. Depending on the number of hours you put in a week, this may affect your bottom line significantly.

If you believe that your employer should be paying you overtime, we can help you pursue action against the company, including filing a claim with the FLSA. We work hard to protect your rights as an employee. Employment law is all we do, and we do it well.

Aggressively Handling State
and Federal Wage and Hour Disputes

Contact our New York wage and hour dispute lawyers at 347-727-0661 to discuss your situation. We take all wage and hour violation cases on a contingency fee basis, which means there is no fee unless we win your case.

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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