NEW YORK, NY — A big change in New York City’s food industry is happening. New wage and hour laws require employers to schedule their employees at least two weeks in advance or pay them for any changes made to their schedule. This is a major rule affecting nearly 65,000 fast food industry workers in the city. This is a major win for those employees who can be sent home due to slow business, severely affecting their paychecks.
The minimum wage in New York City for employers of more than 11 employees is currently $13.00 per hour. That amount is set to increase to $15.00 per hour on December 31, 2018. New York City has been on top of issues with minimum wage and wage laws that are affecting employees who are forced to work off-the-clock, misclassified as exempt from overtime, or in situations where an employer does not pay premiums in accordance with the law.
Overtime Pay at Fast Food Restaurants
Fast-food restaurants have been the target of several lawsuits filed by employees throughout the United States. The overtime pay lawsuits allege that the restaurants forced employees to work off the clock, not paid them overtime and struck hours off their time cards. These are in violation of the Fair Labor Standards Act (FLSA) and workers can seem compensation in the lawsuits.
Workers in California sued McDonald’s because it did not pay them for all of the hours they worked, and did not give them timely breaks. Michigan workers filed a lawsuit because allege started getting paid only when customers walked into the restaurants, even if they were required to report to work hours earlier. Other cases involve requiring overtime hours and not paying the 1.5 times regular wages as required by laws.
Our experienced overtime pay attorneys can determine whether you are entitled to overtime wages based upon your job description, job duties, rate of pay, and number of hours worked. There are strict time deadlines for filing lawsuits so it is essential that you contact an attorney immediately. If you miss a deadline your claim will be lost forever.
Minimum Wage and Overtime Violations
According to the suit brought by the Department of Labor, the company paid employees on a “piece work” basis that amounted to less than minimum wage and failed to pay overtime wages to employees working more than 40 hours per week. Under the Fair Labor Standards Act (FLSA), a piece rate is the amount of money paid per task performed or piece produced. A piece may be used to determine commensurate wages if it includes consideration of quantity and quality of production and an allowance factor that includes personal time, fatigue, and delay. However, a proper piece rate must equal at least the minimum wage.
Additionally, overtime must be paid at a rate of at least one and one-half times the employee’s regular rate of pay for each hour worked in a workweek. For employees paid on a piecework basis, regular rate of pay is obtained by dividing the total weekly earnings by the total number of hours worked in that week. The employee is entitled to an additional one-half times this regular rate for each hour over forty, plus the full piecework earnings.
Can I file an FLSA lawsuit against my employer for unpaid overtime?
Yes, you may be able to file an FLSA lawsuit against your employer for unpaid overtime. FLSA lawsuits seek to hold employers accountable for failing to pay the required wages to their workers. These claims seek payment of unpaid or underpaid wages, attorney’s fees, and litigation expenses. Some cases may also force the payment of liquidated damages, which are money damages beyond just the receiving the back pay for unpaid wages.
If your employer owes you overtime wages for work performed, even dating several years back, our top-rated attorneys can file a claim for you to recover the unpaid wages that you are owed. There are strict time deadlines for filing FLSA lawsuits, so it is essential that you contact an attorney immediately. If you wait, you may lose your ability to recover some or all of your back pay.
How do I file an overtime lawsuit?
Call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you believe that your wage rights are being violated under the FLSA. Our top-rated team of unpaid wage lawyers will evaluate your situation to determine your best course of action to help you seek justice.
Our office will also determine if it is in your best interest to file a lawsuit against your employer. Because strict time limitations apply for filing these types of claims, we advise you contact our experienced unpaid overtime wage attorneys at your earliest convenience and preserve your legal rights.