New York Employee Misclassification Lawsuits
Under New York employment law, an employer must pay an employee for all hours worked. In addition, an employee must be paid at a rate at least equal to the minimum wage and after an employee works forty(40) hours in a week, an employee must receive overtime pay for all hours worked in excess of forty(40) unless the employee is considered an exempt worker. Overtime pay should be paid at the rate of time and one-half an employee’s regular rate of pay. Exempt employees are most commonly professional, executive and management employees. Yet, some times employees with management titles in reality have very little authority, are misclassified and should be receiving overtime pay. In addition, if employees do not receive all the tips to which they are entitled, they may have additional claims. Moreover, if an employee works more than ten(10) hours in a day, the employee should receive additional pay for the spread of hours. Also, we have recovered substantial monies where employees were not paid their commissions, bonuses, and equity such as stock or options.
If a group of employees have similar claims for unpaid overtime or for receiving wages below the minimum wage rate, class actions and collective actions can be brought.
The Law Offices of Louis Ginsberg, P.C. have a lot of experience in this area. Call or e-mail us any time for a Free Consultation.
Call today to discuss your case with our New York Employee Misclassification Attorneys by calling 1-800-LOST-JOB (1-800-567-8562) or 1-877-4WAGESLAW (1-877-492-4375).
2 convenient locations to serve you:
New York Office |
Long Island Office North Shore Location 1613 Northern Blvd. Roslyn, NY 11576 (516) 625-0105 |