Is It Legal for My Employer to Fire Me Because I Had to Take Leave Due to Illness?

Employment Lawyer New York City

Many American workers are familiar with the Family Medical Leave Act, which protects an employee’s right to take as many as twelve weeks of unpaid leave without losing a job. Unfortunately, some workers are not aware that they may take further medical leave without losing a job and that other federal laws protect employees’ leave […]

Were You Underpaid for Construction Work in New York City?

Employment Lawyer New York City

For New York Construction workers, every dollar is hard-earned. Yet harder still is the realization that their employers may have cheated them out of their lawfully earned wages. The construction industry is rife with employers who violate the law by not paying employees properly. There are some common themes. Underpayment of Prevailing Wages Construction workers […]

Can an Employer Make You Wait to Clock In?

Wage and Hour Employment Lawyer New York

Employers often try to limit payroll costs by limiting shift lengths and preventing overtime in employee schedules. Some of these means are legal. Others are not.   Time in, Time Out Many employers make their employees wait to clock in until their assigned shifts begin. Employees may wonder if existing employment laws allow this. The […]

I Am a Waiter. Can the Restaurant Subtract Credit Card Processing Fees From My Tip?

Wage and Hour Employment Lawyer New York

Many employees in the hospitality industry rely on tips to supplement their incomes. For some, tips may even become a primary source of income—so employees must protect this source of income and not allow an employer to improperly restrict or redirect it. In certain circumstances, an employer may lawfully make deductions from an employee’s tip […]

Proposed Changes Regarding Tip-Sharing

Wage and Hour Employment Lawyer New York

Both the federal Fair Labor Standards Act (FLSA) and New York law set out wage requirements for employees. Specific rules govern employees who earn tips since the nature of how they are paid is so different than traditional hourly employees—specifically, the rules regarding tip-pooling, which is the practice of the employer requiring tipped employees to […]

Do You Work as Nanny or Domestic Worker? You May be Owed Overtime

Overtime Attorney New York City

Many people in and around New York City make their living by working as a nanny or as another type of domestic worker in someone’s home. When you work for a family directly, your employer can easily violate wage and hour laws, since that family is not a company and may not feel concerned about […]

Can a Restaurant Pay Its Workers a Flat Weekly Salary?

Wage and Hour Employment Lawyer New York

Business owners—especially small business owners—often try to come up with creative payment schemes for their employees. While owners may make it seem like such payment arrangements are in the employee’s best interest, these arrangements often violate New York City wage laws and may deny an employee important wages that they deserve under state law. For […]

Can Restaurants Make Servers or Delivery Personnel Perform Non-Tipped Work?

Wage and Hour Employment Lawyer New York

Servers and delivery people for restaurants in New York City rely on tips for the majority of their incomes. They often base their idea of a successful shift not on the number of hours they worked but on the amount of tips they earned. Because tips are such a large part of a server or […]

Are You Paid on a Commission Basis? The Law May Well Entitle You to Overtime Pay

Employment Lawyer New York City

All too often, employees and employers alike believe that commission-based employees are not entitled to receive overtime pay. Commission-based employees often work long hours, however, so the benefit of overtime pay could mean a significant increase in their overall earnings. Even if your employer mostly pays you commissions, you could miss out on substantial overtime […]