Every year, workers lose millions of dollars of their pay in two different ways.
The first way stems from workers not being paid the necessary minimum wage. The minimum wage is set by law and represents the absolute lowest wage an employer may generally pay their employees. The NY minimum wage varies by county and has been subject to a lot of fluctuation in recent years. If you are being paid at or close to the minimum wage, you should give us a call to verify whether or not your employer has been doing it right and you're getting everything you're legally entitled to.
The second way stems from workers not being paid the necessary overtime wages. Unless the employee is "exempt" from overtime, the employee must be paid time and a half their "regular rate" of pay for every hour worked over 40 in a work week. This analysis is not as straight-forward as it seems and employers get around this requirement in two ways: (1) they simply miscalculate your wage rate or your hours worked so that they're not paying you as much as they need to; and (2) they wrongfully misclassify you as "exempt". Qualifying as an "exempt" employee requires a careful analysis of your job duties; an employer is not able to avoid paying you overtime simply by putting the word "manager" in your job title.
If you would like to see whether or not this, or other labor law protections, may apply to you, please click the button below to take the anonymous survey below, and one of the attorneys at the Law Office of Michael W. Wynn will get back to you regarding your options.
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