Both Federal Law and New York State Law offer considerable wage protection for employees. The Rapaport Law Firm routinely handles disputes regarding unpaid wage claims, overtime, and other wage-related matters in Federal and State courts.
- Minimum and Overtime Wages: Damages, Fees and Limitations:
The Fair Labor Standards Act (FLSA), 29 U.S.C. 201 et seq., requires employers to pay employees the minimum wage (currently $5.15 for work since September 1, 1997), 29 U.S.C 206, and time-and-a-half overtime premium pay for all hours worked beyond 40 per week, 29 U.S.C 207. Employees who sue for minimum or overtime wage violations can recover the gap between their actual pay and the required minimum or overtime wages for their hours worked, as well as attorneys' feel and an equivalent amount in liquidated damages, 29 U.S.C 216(b).
- The New York Labor Law:
New York Labor Law Article 6, "Payment of wages," 190 et seq., and Article 19, the
"Minimum Wage Act," 650 et seq., protect an employee's right to receive agreed-upon wages as well as minimum and overtime wages. The statute of limitations for all New York Labor Law claims is six years. Labor Law Article 6 requires employers to pay their employees their due and owing wages.
New York Labor Law (Article 6, Section 198(1-a)) provides prevailing plaintiffs attorneys' fees "and, upon finding that the employer's failure to pay... was willful, an additional amount as liquidated damages equal to twenty-five percent of the total amount of the wages found to be due." Section 191-c provides attorneys' fees and double damages (without any showing of willfulness) for sales commission claims.
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