| LABOR
LAW
Our Labor and Employment attorneys help employees
with the following:
• Minimum Wage Violations
• Overtime Violation
• Discriminatory Firing
• FLSA (Fair Labor Standards Act) violations
• NY State Law violations
If you have been unjustly treated by your present
or past employer, you can recover money award. Thus, if the employer
did not pay you in accordance with minimum wage laws or overtime
laws, the law gives you a right to seek compensation.
Your
Rights:
REGARDLESS
OF YOUR LEGAL STATUS IN THIS COUNTRY YOU CAN RECOVER MONEY AWARD
REGARDLESS
OF HOW YOU WERE PAID, CASH OR OTHERWISE, YOU CAN RECOVER MONEY
AWARD
The
Law:
Both Federal and New York State governments regulate
labor law violations.
- Overtime
- Under both New York and Federal Law, the employer
is required to pay you times and a half (1.5) of your regular
wage for every hour worked over eight (8) hours per day or
forty (40) hours per week.
- That means if you worked nine (11) hours in
one day and receive ten dollars ($10) an hour, the employer
is required to pay you fifteen dollars ($15) extra that day
in addition to ninety dollars ($110) dollars that you receive
in regular wage.
- It also means that if you worked fifty five
(55) hours per week and receive ten dollars ($10) an hour,
the employer is required to pay you seventy five ($75) extra
that week, in addition to five hundred fifty ($550) dollars
that you receive in regular wage.
- Minimum Wage
- Generally, under Federal Law, until July of
2007 the employer was required to pay you $5.15 per hour, presently
the employer is required to pay $5.85 an hour. There are some
exceptions.
- Generally, under New York State Law, the employer
was required to pay you $5.15 an hour from 2001 until 2004;
$6 in 2005; $6.75 in 2006 and $7.15 in 2007. There are some
exceptions.
- It means that if the employer paid you less
than these guidelines, you may recover the difference between
what the employer was required to pay and what the employer
actually paid.
- Timing
- There are time limits to bring the lawsuit
Generally, under the Federal Law, we have three years. It
means that we can go back in time three years from today
and recover what the employer owes you for that period only
Generally, under
New York State Law, we have six years. It means that we
can go back in time six years from today and recover what
the employer owes you for that period only.
Thus, if you worked for
longer than these periods, every day you wait, is a day for which
you cannot recover anything anymore. That is why you cannot wait
and have to call us now.
This is not a legal
advice and the laws listed above are general outlines, subject
to various exceptions. Additionally, the laws are subject to change.
Please, consult with an attorney.
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