|Abdul Hassan Law Group, PLLC New York Labor Lawyer||
Under federal and state law, employees who work more than forty hours in a week are generally entitled to overtime pay for the hours over forty at a rate of one and a half times their regular hourly rate.For example, if an employee is paid twenty dollars an hour and works fifty hours in a week, for that week, the employee is entitled to base wages of 40 hrs x $20 or $800, plus overtime wages of 10 hrs x $30 or $300, for a total weekly wage of $1100. You may be owed overtime wages even if the employer calls you an independent contractor or a manager etc., pays you a salary or pays you in cash. Call us at 718-740-1000 for a free consultation about overtime pay.
The current New York minimum wage is $11.10 to $15.00 an hour, depending on the size of the employer, which is higher than the the federal minimum wage of $7.25 an hour. If you are not paid at least the New York minimum wage rate of $11.10 to $15.00 an hour for each and every hour worked, give us a call at 718-740-1000 for a free consultation.
Federal minimum wage NYS minimum wage
$7.25 - 07-24-2009 $11.10-$15 - 12-31-2018
$6.55 - 07-24-2008 $13.00 - 12-31-2017
$5.85 - 07-24-2007 $11.00 - 12-31-2016
$5.15 - 09-01-1997 $9.00 - 12-31-2015
Under New York labor law workers in the hospitality industry (restaurant, hotels etc.) and minimum wage workers in other industries who work a spread-of-hours of more than ten hours in a day or works a split-shift (a break of more than one hour) are entitled to an extra hour of pay for each such day.For example, if the applicable minimum wage is $9.00/hr and an employee works 55 hours in a week consisting of five 11-hour days, that employee would be entitled to base pay of 40 hrs x $9.00 or $360, plus overtime pay of 15 hrs x $13.50 or $202.5, plus spread-of-hours pay of $9.00 x 5 days or $45, for a total weekly wage of $607.50 in this example. If the employer fails to pay you the required spread-of-hours wages, call us at 718-740-1000 for a free consultation.
If you believe you were fired or terminated from your job wrongfully, give us a call at 718-740-1000 for a free consultation.
Under the Federal Family and Medical Leave Act ("FMLA") employees of companies with fifty or more employees who worked for more than a year for the company are generally entitled to twelve weeks of unpaid leave to deal with pregnancy/child birth or to care for themselves, their spouses, children etc. in the event of a serious medical condition. Employees who are denied FMLA leave that they are entitled to or are terminated because they asked for or took FMLA leave (among other reasons) may be able to sue in court to recover lost wages and to seek reinstatement to their job. It should be noted that New York City now has a sick leave law that is similar to the FMLA but covers employers with less than fifty employees. As such, certain employees who are not covered by the federal FMLA may still be covered under New York City's sick leave law. For a free consultation call us at 718-740-1000