Founder and managing member Marc Rapaport takes professional pride in the diversity of his clientele and the wide array of civil litigation matters that he handles
New York City overtime lawyers Marc Rapaport and Meredith Miller have successfully pursued state and federal wage claims for workers in many different occupations and industries. We have obtained substantial settlements for:
- Personal trainers at one of the nation’s largest chains of health clubs;
- Construction Workers;
- Building services employees, including superintendents working for NYC’s largest residential and commercial landlords;
- Employees at one of the nation’s largest financial management firms; and
- Retail store and restaurant workers.
We understand the enormous sacrifices New York employees endured in 2020 and 2021. We have doubled down on our efforts to ensure that New York employees are paid 100% of the wages they are entitled to receive under New York and federal law, including premium overtime wages. For example, on April 1, 2021, the U.S. District Court for the Eastern District of New York issued a decision granting conditional certification to proceed as a collective action under the FLSA in the federal wage case, Liz v. 5 Tellers Associates.
Premium Pay for NYC Employees
If you work in certain industries in New York City, you are entitled to extra pay if your employer changes your shift without sufficient notice or asks you to work certain shifts. For example, employers must pay premium compensation if they change your schedule without notice or require you to work a “split shift”. Many employees are also entitled to “spread of hours” pay for all shifts that begin and end more than 10 hours apart. This means the time you actually start your shift and the time you actually end your shift, which could be longer than what you are scheduled for. Call NYC overtime lawyer Marc Rapaport to learn more about your rights: (212) 382-1600.
Wage Guarantees under Federal and New York State Law
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.
Unpaid Overtime and Wage Protections Under Federal Law
The Fair Labor Standards Act (FLSA) requires employers to pay employees the minimum wage and time-and-a-half overtime premium pay for all hours worked beyond 40 per week. Employees who sue for minimum or overtime wage violations can recover the gap between their actual pay and the required minimum or overtime wages, plus attorneys’ fees and 100% in liquidated damages.
Wage and Overtime Claims Under NY Labor Laws
New York employees are protected by the NY Labor Law. The statute of limitations for NY Labor Law claims (including overtime claims) is six years. NY Labor Law requires employers to pay their employees their due and owing wages. In addition, a prevailing employee is entitled to attorneys’ fees and liquidated damages equal to 100% of the total amount of the wages found to be due. Under NY law, employers must maintain and preserve payroll records for at least three years. Pay statements must include:
- the applicable dates that the wages cover;
- the employer’s address and telephone number;
- the rate and basis of pay;
- gross wages;
- net wages;
- deductions;
- allowances against minimum wage;
- both the overtime and regular rate of pay.
Employees whose payroll statements do not have that information are entitled to monetary damages against their employers.
We take pride in our firm’s focus on protecting employee rights in New York City.