Wage & Employment


Wage & Employment


WAGE THEFT / WAGE AND HOUR LAW

      Most people know that there are laws governing how employees must be paid, but they do not know the details. Sometimes employers make innocent mistakes, and sometimes they try to cheat their employees. But either way, you are entitled to your hard-earned wages.

       At the law firm of STEIN & NIEPORENT LLP, your money is our concern. We are committed to asserting and defending the rights of employees and working people throughout New York and New Jersey. The lawyers at this firm have been handling cases of improperly paid employees for more than a combined quarter century, successfully resolving many hundreds of such cases. 

       Each case is different, and we cannot guarantee you results, but we offer free consultation, and we typically handle these cases on a contingency basis, meaning that we do not charge you fees unless we recover money for you. You might not even know that you haven’t been paid properly, so contact us and let us help you figure that out.


  • Are you familiar with overtime wage laws? Under both state and federal law, many types of workers must receive a time-and-a-half bonus for hours worked in excess of 40 per week, even if they’re salaried. Just because an employee is called a “manager” does not automatically make the employee exempt.


  • Did you know that New York law requires that many workers be paid an additional hour’s wages at the state’s minimum wage if they work more than 10 hours in one day? This bonus is referred to as the “spread of hours” premium.


  • Do you know what the minimum wage is in New York and New Jersey? It currently is $15.00 per hour for most employees in the New York City area, and $12.00 per hour in New Jersey.  The law requires that employees be paid at least the minimum wage. You may have heard that there are special rules for tipped employees, but did you know that even a single mistake in the way an employer handles tips can entitle an tipped employee to the full minimum wage?


  • Were you aware that the law prohibits an employer from firing or otherwise punishing an employee who complains about not receiving overtime pay or the minimum wage? Taking such action against an employee might be deemed illegal retaliation.


  • Do you know what hours an employee must be credited with and paid for? Just because the employer does not tell an employee to stay late or work through lunch or work at home does not mean the employer does not have to pay the employee for those hours. And just because the employer gives the employee a rest break does not mean the employer does not have to pay for that time. And if the employee is “on call,” the rules are even more complicated.


  • Did you know that you do not need to have records to win your suit? The law requires that employers keep records. The law allows you to prove your case with your testimony, even if you have no documents to show your hours or pay.


  • Did you know that employers may not make unauthorized deductions from an employee’s wages, even if the employee owes the employer money? 


  • Did you know that employees on public works projects are entitled to higher, “prevailing wages” from their employers? Employers who don’t pay the proper prevailing wage risk being barred from government contracts in the future.


  • Did you realize that undocumented workers have virtually the same rights as any other employee with respect to wages? Therefore, they are entitled to receive overtime pay, the minimum wage, and the “spread of hours” premium. 


  • Did you know that the statute of limitations under New York law can be up to six years, so even a past employer can be held accountable?


  • Did you know that federal and state law can provide for penalties and attorney fee awards against employers who violate wage and hour laws?  Ignorance of the law is not a defense for employers, so mistakes can be very costly.


Surviving in these difficult times for our country is a challenge. It shouldn’t be made harder by employers who treat you unfairly. STEIN & NIEPORENT LLP can try to make your life a bit easier by working to make sure that you get paid what you are owed.  If you have any problem with your current or former employer, please contact us. We will talk your situation over with you and figure out how we can help you. 

   


Share by: