New York City Frequent Wage Violations Lawyer
Wage violations can and do affect workers across the board in any occupation. However, certain industries appear over and over again when it comes to unpaid overtime, unpaid minimum wage, misclassification or violation of meal and rest break laws. In some industries, special rules apply to the calculation of wages and overtime. In others, management is more prone to making improper deductions from pay, misclassifying workers or failing to pay for hours improperly worked “off the clock.” The NYC wage violation lawyers at Mansell Law help nurses and healthcare workers, as well as employees in other frequently harassed occupations, when their employers violate federal and New York wage and hour laws. See below for the industries with the highest rates of wage violations, and contact Mansell Law if you’ve been subjected to unpaid overtime or other wage law violations.
Nurses and Other Healthcare Workers
Nurses and healthcare workers top the list when it comes to employees subject to violation of federal and New York wage and hour laws. Below are some of the main ways hospitals and nursing homes violate the law and underpay their nursing staff.
Nurses don’t get paid for travel – Nursing homes and assisted living facilities in New York are quite often run by corporate chains that operate multiply facilities throughout the city. Nurses who work for a nursing home may actually be employed by the parent company, so that a nurse could get pulled off of her regular assignment to fill in at a sister facility miles away. Time spent traveling between job sites like this is compensable and counts toward eligibility for overtime, but employers frequently overlook this fact and either don’t pay for the time at all or don’t count travel hours toward overtime.
Nurses don’t get paid for required training – Nurses who work with specialized populations, such as older patients dealing with Alzheimer’s and dementia, can benefit from specialized training to provide better care. A common practice for facilities is to schedule training before or after the workers’ shift instead of pulling them off the floor for a training or seminar during their regular workday. When attendance at a seminar is job-related and mandatory, workers should be paid for their time. Those hours should be calculated toward overtime, as well. Supervisors sometimes refer to such training as voluntary, while at the same time signaling to their workers that attendance is expected.
Nurses work beyond their shift to ensure patient care – Nurses are among the most dedicated group of workers you will find, and sometimes this translates to nurses staying on duty after their shift ends to ensure a smooth transition or update patients’ charts. Employees are entitled to pay for any hours they are “suffered or permitted” to work, regardless of whether those extra hours are scheduled or authorized in advance.
Hospitals improperly invoke the 8 and 80 rule – The 8 and 80 rule allows hospitals and nursing homes to pay overtime only when work exceeds eight hours a day or 80 hours over 14 days, rather than the usual 40 hours per week. Employers can only use this rule if they have a prior agreement or understanding with their employees, but some administrators implement the rule without talking to the workers first.
Dual jobs and differential pay – It’s not uncommon for hospital workers to perform dual jobs, such as nurse’s desk receptionist and nurse’s aid. Workers in these roles are common victims of wage miscalculations and unpaid overtime. Similar issues arise for day shift nurses who should receive a shift differential when working the night shift or workers entitled to a supplemental shift bonus when they fill in for another employee.
Other Industries and Professions
Healthcare workers are not the only group of employees subject to frequent wage violations because of the nature of their occupations. Other top industries include:
Hotel and restaurant industry – Workers find their time records changed or see hours taken off their time cards. They might find they are working off the clock or having meal breaks unlawfully deducted from their hours. Companies employing tipped workers might operate an illegal tip pool, misapply the tip credit, or even unlawfully take a portion of their employees’ tips.
Janitorial services – Janitors, housekeepers and maids are frequently intimidated into taking less than minimum wage. Others are misclassified as independent contractors to keep them from earning overtime.
Delivery drivers – Common mistakes include paying package delivery drivers a day rate regardless of how long they have to work, paying pizza delivery drivers a tipped wage even when they perform other duties in the restaurant such as food preparation, misclassification as independent contractors, and unreimbursed mileage that sends their pay below the minimum wage.
Exotic dancers – Frequent wage violations include working only for tips without regard to the minimum wage, being forced to pay for stage time, and unlawful deductions from wages.
Our Employment Lawyers Stand Up for New York Workers
If you’ve been denied your proper wages or otherwise been the victim of wage and hour violations in New York City, call Mansell Law at 646-921-8900 for a free consultation with a team of committed New York employment lawyers.
