There are both state and federal laws which protect workers and if your rights have been violated, you should consider meeting with an employee rights lawyer New York, NY residents trust. At Okun, Oddo & Babat, we aggressively advocate for workers against companies who have violated those laws and are available to discuss the specific circumstances of our situation and what legal options you may have.
How Can an Employee Rights Lawyer New York, NY Clients Rely On Help?
A seasoned employee rights lawyer in New York, NY knows that there are many ways employers violate workers’ rights. One of the most common ways is by violating employment discrimination laws. Under the New York State Human Rights Law, it is illegal for an employer to discriminate against an employee for any reason. Our firm has successfully represented many clients whose employer violated that law, including:
- Age discrimination;
- Criminal record/arrest discrimination;
- Gender or sex discrimination;
- LGBTQ /sexual orientation discrimination;
- Pregnancy discrimination;
- Racial discrimination; and
- Religious discrimination.
An employee rights lawyer New York, NY locals depend on can also help you if your employer has committed any wage violations against you. A lawyer can help you obtain any unpaid wages, overtime, or benefit pay that your employer refuses to pay you. You may also be able to file a claim if your line of work involves tips and your employer violates the state’s hospitality industry wage order.
Other labor law violations that your lawyer can assist you with include:
- Any violations pertaining to your organizing or being part of a labor union;
- Any violations or refusal to grant time off under the federal government’s Family and Medical Leave Act;
- Any violation of the Americans with Disability Act. This law protects workers who may have a physical or mental disability from being fired or otherwise discriminated against by their employer based on that disability;
- Any incidents of sexual harassment, including requests for sexual favors, unwelcome sexual advances, and other verbal or physical harassment of a sexual nature.
An employer may violate terms in the Fair Labor Standards Act (FLSA) through a variety of ways. The majority of employees want to have faith that their employer will act with due diligence and integrity when handling their wages. Sadly though, this is not always the case as employers may try several tactics to avoid having to pay employees overtime. Those who believe their employer has breached specifications listed in the FLSA, may want to meet with an employee rights lawyer in New York, NY as soon as possible.
Below, we have answered the common question of how employers may violate employee rights under the FLSA:
#1 – Independent Contractor Misclassification
To avoid wage and hour law requirements, an employer may intentionally misclassify a worker as an independent contractor.
#2 Working While Off the Clock
Employees may be able to file a lawsuit against their employer for declining to pay for work done prior to or after their assigned shift.
#3 Failure to Pay Accrued Overtime
Many employers do not like paying employees for their accrued overtime. Nonexempt workers covered under the FLSA shall be paid at a rate of at least one a half times their regular hourly wage, once they exceed forty hours in a single work week. An employer may wrongfully deny an employee their overtime and hope the worker does not notice this amount discrepancy on his or her paycheck.
#4 Being Forced to Work Through Breaks
An employee has the right to a certain amount of breaks during their workday. An employer may be acting unlawfully if they force their employee to work on job-related tasks during these unpaid rest periods.
#5 Incorrect Calculation of Overtime
Employees who earned overtime may want to take a closer look at their paychecks, to confirm that they received the correct amount of pay.
#6 Wrongful Tipping Protocols
Employers cannot acquire the tips rightfully earned by their tipped employees unless it is considered as a tip credit. Gratuities collected among tipped employees within a tip pool are not under obligation to share this amount with non-tipped coworkers. An employer shall not force the money collected in this pool to be shared with non-tipped employees either.
#7 Exempt Workers Being Misclassified
Only certain employees are exempt from FLSA minimum wage and overtime rules. Workers that are misclassified may be owed overtime, but were denied payment.
#8 Poor Record Keeping Habits
An employer may be violating terms of the FLSA if employee time and pay records are not adequately maintained.
#9 Failure to Pay Employees Minimum Wage
Nonexempt workers covered under the FLSA are to be paid no less than the minimum wage for every hour for their work.
Let an Employee Rights Lawyer New York, NY Workers Recommend Fight for You
There are multiple steps an employee should take when their rights have been violated. The first step is to file a complaint with their employer. Under the law, there should be a procedure in place, usually through the human resources department. The next steps involve filing official complaints with state and federal agencies which oversee the particular violation or violations the employer has committed. Once that process has been completed, the victim can then file a lawsuit in the legal system. In order to gain the best possible outcome, you should consult with an employee rights lawyer in New York immediately following the violation so that he or she can represent your rights through each step of this process.
If one employee has been wronged by their employer, then others within the company may be affected as well. Employees who have tried to seek deserved repayment from their employer without any resolution, may want to get some help from a legal professional who is familiar with the FLSA. If your rights have been violated and you would like to speak with a skilled New York employee rights lawyer, contact Okun, Oddo & Babat today. Our seven professional lawyers offer more than 100 years of combined legal experience in every aspect of civil litigation. Our legal team also includes multi-lingual para-professionals who can assist clients who speak English, French, Italian, Russian, and Spanish.
Contact an experienced employee rights lawyer New York, NY provides at 212-642-0950 to set up an appointment for your free case evaluation.
“Darren and his team worked seamlessly to arrive at a resolution on two different cases against high profile companies. We are extremely happy with the speed and professionalism they displayed and will use them again in the future, if the need arises. I would recommend Okun, Oddo, & Babat for legal advice and help.”