Wage and Hour Violations

When you go above and beyond for your job, you expect to be treated well – and appropriately compensated. Hundreds of employers across New York, New Jersey and Pennsylvania are taking advantage of their employees by denying them the pay they have earned. If your company has withheld overtime compensation, denied minimum wage, or engaged in illegal tipping practices, you may have reason for legal recourse.

The tenacious employment lawyers at the Arcé Law Group are dedicated to securing proper compensation for victims of wage and hour violations in New York, New Jersey and Pennsylvania. We inform you of your legal rights and lay out all the options available to you in your wage and hour violation claim. Our wage and hour claim attorneys fight diligently to secure maximum compensation. We serve employees in and around Newark, Jersey City and Princeton, NJ. We also serve New York City’s five boroughs of the Bronx, Brooklyn, Manhattan, Queens and Staten Island as well as the Philadelphia, Pennsylvania area.

According to the Fair Labor Standards Act (FLSA), the federal minimum wage is $7.25 an hour. All workers across the nation are required to be paid at least $7.25 per hour. Some states have their different requirements, including New York, Pennsylvania and New Jersey. Currently, throughout the state of New Jersey, all workers are required to be paid at least $8.25 per hour. New Jersey however, starting in 2014, the minimum wage will be automatically adjusted each September and increases implemented each January, based on inflation as determined by the Consumer Price Index. (Constitutional Amendment passed in 2013) The minimum wage in New York is $8.00 per hour with future increases scheduled for $8.75 eff. 12-31-14 and $9.00 eff. 12-31-15 and in Pennsylvania the state minimum wage is $7.25. These rates typically increase every year, or every few years to account for inflation.

The Fair Labor Standards Act (FLSA) requires payment of at least the federal minimum wage to covered, nonexempt employees. An employer of a tipped employee is only required to pay $2.13 an hour in direct wages if that amount plus the tips received equals at least the federal minimum wage.

Your total earnings (hourly wage plus tips) must equal at least the minimum wage per hour. The hourly rate is up to your employer; however, the suggested rate is a minimum of $2.13 per hour. If the hourly rate plus tips does not equal at least the minimum wage per hour, the employer is required to make up the difference.

In New York, a similar rule applies. Employers of tipped food workers must pay their employees at least $5.00 per hour if their tips plus that wage meets or exceeds the state minimum wage of $8.00 an hour. The amount varies slightly for hospitality workers and service workers in hotels.

A federal law, the Fair Labor Standards Act (FLSA) governs wage and hour laws across the nation. The FLSA mandates the 40-hour workweek and overtime pay. If you work more than 40 hours a week, your employer is required to pay for time-and-a-half for each additional hour you work. So, if you work 45 hours in a seven-day work period, you must be paid 1.5 times your normal wage for the extra five hours.

There are no minimums or maximums for the amount of overtime your employer offers or requires you to work.

A large number of workers are exempt from standard overtime rules. Professionals, executives, and certain salaried employees are not entitled to overtime pay. In addition, independent contractors are exempt from overtime.

“Non-exempt” employees are workers who deserve to be paid extra for every hour they work which exceeds 40 hours in a seven-day work week. However, an increasingly common practice for unscrupulous employers is to classify workers as exempt employees or independent contractors.

To be considered an independent contractor, you must have a large amount of control of how you perform the work prescribed by the employer. Our New Jersey and New York often come across workers who think they are independent contractors because they signed an agreement stating as such, without realizing they are doing the work of an actual employee.

Violations of labor laws may be subtle and occur over an extended period of time. You might not think it is a big deal at first, but over time, you begin to realize your company is taking advantage of you.

There are some sketchy ways companies try to deny overtime compensation. You may be the victim of wage and hour violations if you:

• Worked extra hours you were not paid for
• Are misclassified as exempt from overtime
• Are misclassified as an independent contractor
• Asked to run errands off the clock
• Asked to put your uniform on and get ready before you clock-in
• Had hours deducted from your time card

You need enough income to support yourself and provide for your family. When a shady employer stands in the way of your right to full and fair wages, speak with a lawyer at the Arcé Law Group today. We serve clients throughout New York, Pennsylvania, and New Jersey, including Jersey City, Princeton, and Newark.