Nassau County FLSA Lawyer
The federal Fair Labor Standards Act (FLSA) protects workers’ rights to receive fair wages for their labor. The FLSA sets overtime and minimum wage standards, which states can then expand on.
New York has expanded on some of these standards, so employers throughout Nassau County and the rest of the state are required to pay most employees at least $9.70. When employers violate these minimum wage standards or other standards in the FLSA, they can be held accountable in court.
If you are an employee and believe your employer has broken federal or state wage laws, contact a Nassau County FLSA lawyer today. A skilled attorney can help you pursue compensation for unpaid wages, including overtime wages. En Español.
Minimum Wage Violations
The FLSA requires that most employers pay at $7.25 per hour for hourly employees. While there are some exceptions to this law, most employees are entitled to this federal minimum wage.
In New York, most hourly employees are entitled to a higher minimum wage of at least $9.70. The state minimum wage is scheduled to increase to $12.50 over the next few years.
When employers refuse to pay employees the minimum wage, they have broken the law. Under the FLSA, employers can be held responsible for such violations and may have to pay back wages to affected employees.
Overtime Wage Violations
Most hourly employees are entitled to overtime wages when they work more than 40 hours per week. Generally, such employees (known as nonexempt workers) are owed one and a half times their usual hourly rate for overtime labor.
When an employer fails to pay a nonexempt worker their rightful overtime wages, Nassau County workers have the right to hire an FLSA attorney to represent their claim.
Workers can fight for owed wages, and help ensure that the employer correctly pays overtime wages in the future.
Tipped Jobs and Tipping Pools
FLSA minimum wage standards are somewhat different for tipped employees, such as waiters and bartenders. Employees who regularly receive over $30 per month in tips are only entitled to $2.13 per hour rather than the standard minimum wage.
The assumption is that tipped employees will earn the difference between $2.13 and the current minimum wage by making tips. However, as most tipped workers know, there is no guarantee that patrons will tip since most establishments do not require tipping.
This means that tipped employees often make less than the current minimum wage since their tips plus a $2.13 hourly wage do not equate to the minimum wage. In such cases, an employer is required to make up the difference.
For example, if a restaurant server earns an average of $4.00 per hour through tips, tips plus a $2.13 hourly wage does not total the minimum wage. So, their employer must pay the difference. Often, employers fail to do so, meaning that their tipped employees are illegally underpaid.
Victims of this form of wage theft can sue their employer for wage compensation. State minimum wage laws do play a role in such cases, especially since New York recently passed a law increasing the minimum wage over the next few years.
Employers may also violate the law if they require tipping employees to pool their wages with non-tipped employees. In such cases, a Nassau County FLSA lawyer can help employers get back the wages they deserve.
Contacting a Nassau County FLSA Attorney
If your employer has failed to pay you fair wages, call a Nassau County FLSA lawyer today. Your attorney will fight to get you the compensation you need and deserve.