Wage and Hour Violations
Wage and Hour Violations in New York & New Jersey
Whether you are a salaried employee or someone who fills out a timesheet or punches a clock, you have the right to be adequately paid for your work. Unfortunately, many employers across the country often short-change workers by misclassifying them, requiring off-the-clock work, or tampering with records.
At Shnayder Law LLC, we help people in New York and New Jersey enforce their rights on the job by pursuing wage and hour claims for employees in a wide range of occupations and industries.
Wage and hour attorney Erica Shnayder has helped her clients recover more than $22 million in court verdicts and negotiated settlements. Ms. Shnayder has dedicated her career to helping employees protect themselves in the workplace and ensure they receive just compensation.
Types of Wage and Hour Violations
State and federal wage and hour laws offer a number of protections for New York and Jersey workers. State and federal laws set minimum hourly wage rates at which employees must be paid for all their time on the job. Overtime laws require certain eligible or non-exempt employees to be paid at a rate of 1.5 times their normal pay rate for all hours worked beyond 40 each week.
Pay requirements and eligibility standards vary by law and jurisdiction. If your employer does not compensate you for the hours you’ve worked, you may have legal options and should consult with an experienced employment law attorney.
Overtime Violations and Misclassified Employees
Misclassification is an increasingly common way that companies and other organizations violate wage and hour laws and underpay their workers. An employee classified as “exempt” is usually paid a salary and not paid any overtime. An employee classified as “non-exempt” is paid hourly and is entitled to overtime pay if he or she works more than 40 hours a week. Misclassifying employees as “exempt” from receiving overtime pay is a common violation by employers – even in large corporations.
Employers may, for example, designate employees as managerial employees despite the fact that they do not have any managerial duties in order to avoid paying employees time-and-a-half. Determining whether you are a non-exempt employee involves weighing numerous complex legal factors. Due to the complexity of these issues, you should contact a misclassification attorney at Shnayder Law LLC if you believe you have been denied your due compensation.
Fair Labor Standards Act (FLSA)
The Fair Labor Standards Act is the primary federal law guaranteeing covered workers are paid at least a minimum wage and overtime.
The law gives employees several different options for enforcing their rights. An individual worker or group of workers who believe they have been unlawfully underpaid can file a complaint with the U.S. Labor Department. Workers can also file a lawsuit, seeking to recover unpaid wages, with interest and possibly additional penalties. In some cases, workers can seek double the amount of their backpay.
The FLSA also permits a group of employees to join together in a single legal action against their employer. These collective actions are a powerful tool for workers who have been unfairly underpaid.
Schedule a Free Consultation with a New York and New Jersey Wage and Hour Lawyer
If you believe you have been denied your rightful compensation by your employer or are already locked in a wage and hour dispute, contact Shnayder Law LLC for a free consultation. Contact us online or call 973-714-1515.