Category Archives: Unpaid Overtime
NYC App-Based Delivery Drivers and Uber/Lyft Drivers Minimum Wage Laws
New York City established a minimum wage pay-rate for app-based delivery workers that went into effect July 12, 2023. Starting July 12, 2023 New York City’s app-based delivery workers must be paid at least $17.96 an hour, not including tips. NYC has approximately 60,000 app-based delivery workers operating in the city. If you’ve been… Read More »
Tip Pool Rules for the Hospitality Industry in New York City
What are the laws on tip pools for the hospitality industry in New York? The laws on tip pools for the hospitality industry in New York City are that the employer nor management is allowed to keep any portion of the tips and the distribution must follow specific rules. Are Tip Pools arrangements Legal… Read More »
Severance Packages Under New York Law
With rare exceptions, New York employers are not required to provide severance to their departing employees. However, severance pay will very often be part of an executive package, particularly if the executive is let go against their will. Nonetheless, it is crucial to review a severance package before accepting it, lest you inadvertently sign… Read More »
Am I Entitled To Overtime Pay In New York?
All non-salaried employees, with very rare exceptions, are generally entitled to get ‘time and a half’ of overtime pay for every hour they work past their standard schedule. However, far too many employers try to help their bottom line by withholding this compensation. This conduct is wage theft, and it is actionable, both under… Read More »
Unpaid Overtime Is Illegal In New York
In certain industries, it is not uncommon for employees to be asked – or even forced – to work overtime without being paid for their time and effort. Many will treat this as simply a part of their job – but in reality, unpaid overtime is a form of wage theft, and it is… Read More »
Class-Action Suit Claims Employees Were Not Paid On Time
Some of the most common employment disputes involve payment – how much, for what, and when. In a lawsuit filed in early February 2022, a group of employees at Party City alleged that they were only paid bi-weekly, while New York law requires that workers must be paid weekly. While the facts of the… Read More »
Is Unpaid Overtime Legal In New York?
For some employees, working overtime is a fact of life. However, very often that overtime goes unpaid, for a variety of reasons. Some employees are exempt from overtime pay, but for the significant percentage who are not, unpaid overtime is wage theft. It is also against the laws of New York. If you suspect… Read More »
Can I Make A Claim For Unpaid Minimum Wage?
As of this writing, the minimum wage in New York is significantly higher than the current federal minimum wage ($15.00 per hour, vs $7.25 per hour). That said, minimum wage employees are still treated as largely expendable by a lot of employers, and it can be easy to think that any kind of unfair… Read More »
Do I Fall Under An Overtime Exemption?
If you are an hourly employee, you are generally entitled to what is called time-and-a-half or overtime pay for every hour you work over 40. This means that if you make $15.00 per hour, you would receive 1.5 times that – $22.50 per hour – for hour #41 and so on. However, there are… Read More »
How can I make sure I get paid for my overtime work?
In general, but especially during the months of the COVID-19 pandemic, employees (particularly essential employees) have been working long shifts, and depending on their employers, they may not have been getting the pay and benefits they deserve. Unpaid overtime is a constant concern for hourly wage workers, and if you believe that you have… Read More »
