Wage violations can affect workers in any field. However, certain industries, such as healthcare, service, janitorial, professional services, and delivery, are known for their tendency to underpay employees. Being aware of these patterns can be instrumental in identifying if you’re a victim of wage violations in New York City or elsewhere. If you’ve been the victim of wage violations in New York City, seeking legal counsel is crucial.
New York City employers are bound by stringent laws on employee payment. If you’re in an industry with common wage violations and your employer has unlawfully withheld payment from you, it’s vital to consult an attorney. At Lipsky Lowe LLP, we specialize in handling such cases. If you believe your employer has been making unlawful deductions from your pay, shorting you on hourly wages, or engaging in any other type of unlawful wage violation, don’t hesitate to reach out to us.
Wage Violations for Professional Services Employees
Nail technicians, hair stylists, massage therapists, and other personal service industry employees will likely experience wage violations at some point in their careers. Many personal service employees work hourly and do not benefit from some of the protection from being salaried. Employers may unlawfully deduct fees from a hair stylist’s earnings for the products the stylist uses.
Some salons may even deduct as much as 50 percent of the stylist’s earnings every time they provide services to a customer without written authorization from the stylist. When a client returns to the salon asking for a refund, owners may unlawfully deduct the refunded money directly from the service professional’s paycheck. Many service industry employees are not given required lunch breaks.
Common Wage Violations in the Healthcare Industry
Nurses, CNAs, nursing home employees, and other healthcare workers are often victims of wage violations. Nursing homes, hospitals, and medical clinics are known to violate state and federal laws by underpaying their staff. Understanding these specific violations can empower you to recognize if you’re being underpaid and take appropriate legal action.
Many hospitals and nursing homes are severely understaffed. To ensure a smooth transition between shifts, employers may ask a nurse to stay after their shift has officially ended to update patients’ charts or update the next shift on their patients. Nurses have the right to be paid for their stay after their shift. Regardless of whether the extra minutes or hours a nurse stays have been authorized in advance or scheduled, they are entitled to be paid under New York law.
Overtime Violations in the Healthcare Industry
Another common wage violation in the healthcare industry involves using the 8 and 80 rule regarding overtime payment. An employer may try to claim that they don’t have to pay an employee overtime unless the employee has worked more than 80 hours over a 14-day. Employers can only apply this rule to overtime payment if they have a prior agreement with the employee who understands the agreement.
Nonetheless, some hospital administrators in New York City will try to implement this rule without notifying the employees and signing a contract in which they agree to it. In the absence of a legally valid agreement to the contrary, healthcare providers must pay employees for any overtime hours they work over 40 hours in 7 days.
Common Wage Violations of Delivery Drivers in New York City
Delivery drivers and bicyclists play a crucial role in the day-to-day lives of many New York City residents. Unfortunately, delivery workers are often the victims of wage theft and other wage violations despite having one of the most demanding jobs, needing to work in difficult weather conditions, and putting themselves at the mercy of New York City traffic. There are ways delivery employers violate wage laws.
Employers may misclassify delivery drivers as independent contractors when they are employees to save money. When a delivery company controls every aspect of a driver’s working hours, including their work schedule, which customers they’ll deliver to, and their wages and uniforms, the delivery driver is likely an employee.
If you’ve been wrongly classified as an independent contractor, you may have a valid claim to recover compensation for missing minimum wage payments, employment fringe benefits, and overtime pay. The attorneys at Lipsky Lowe LLP can help you determine whether you’re entitled to compensation from your employer due to being misclassified.
Common Wage Violations in the Hotel and Restaurant Industry in New York City
New York City has a massive restaurant and hotel industry. Unfortunately, many service industry employers encourage employees to skip meals and rest breaks or work overtime without paying them for it. Restaurant employers may also engage in wage violations relating to tip pooling and tip credits. Some restaurants ignore minimum wage requirements and tell their employees they can only receive compensation through tips, violating local, state, and federal laws. All employees are entitled to an hourly wage, even if they work for tips.
Another common wage violation involves not paying employees to be trained for their jobs. When a waiter or hotel employee is being trained for a position, the employer must pay the trainee a minimum wage. Additionally, employers cannot charge waiters for unpaid bills when customers “dine and dash” or deduct the cost of the meal from the server’s tips.
Hotel and restaurant employees cannot be charged for broken plates or glasses or have the amount of damage deducted from their tips, regardless of who caused the breakage. Finally, per New York’s Hospitality Wage Order, Employers cannot misappropriate the service charge or fixed gratuity by withholding it from the service staff.
Contact a Skilled Employment Attorney in New York City
Speaking to a skilled attorney is essential if you’re a New York City employee and have been the victim of wage violations. You may have a valid legal claim for compensation from your employer. Lipsky Lowe LLP offers free case evaluations, allowing you to understand your rights and legal options. Contact us today to schedule a complimentary case evaluation and learn more about how we can fight for your rights.