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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult with an employment lawyer for individual advice regarding your specific situation

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Wage-Hour Violations

Lipman & Plesur, LLP has handled some of the largest wage-hour violation cases in New York, and we know that wage hour violations can happen in most working environments. Employers cannot deduct money from your wages unless it is for your benefit. Management staff cannot share in the tip pool or distribute tips to ineligible back of the house employees. Employers have to give you a wage notice that tells you what you will be paid. Contact us if you have any questions about your wage-hour rights.

 

The Top Reasons For Overtime Pay Lawsuits Under The Fair Labor Standards Act (FLSA) 

  1. Employees work "off-the-clock." Employees put in extra time before or after scheduled shifts tending to their duties or attend meetings without being paid for that time.

  2. Employees work "on-the-clock," but are not paid for all of their work time. This often occurs where work time is unlawfully rounded to conform to the scheduled shift. The law requires every hour actually worked to be recorded and paid.

  3. Workers are misclassified as exempt from overtime pay requirements.

  4. Employees are not paid for breaks lasting 20 minutes or less.

  5. Employees work through lunch without pay.

  6. Employees entitled to overtime pay are misclassified as independent contractors and denied overtime pay.

  7. Shift differentials, commissions, bonus payments and other payments are not correctly included in overtime pay calculations.

  8. "Volunteers" and "interns" are not paid as required by law.

  9. Employees are not compensated for required training time.

  10. Employees can file a collective action under the FLSA or a class action under state law.