Every worker in Albany is entitled to fair pay for the work performed. However, employers often violate federal, state, and local wage/hour laws.
An employer could fail to pay you minimum wage, prevent you from getting overtime unfairly, or force you to work off the clock. These things are considered theft in the eyes of the law, and it’s important to hold the company accountable.
Most people aren’t familiar with wage and hour laws, so they’re unsure if rules were broken. Therefore, it’s crucial to hire an employment attorney in Albany who understands the legal system and how it applies in various situations.
Schwab & Gasparini, PLLC, can handle wage and hour claims in Albany. We are well-versed in the laws here and can deal with cases relating to:
- Unpaid commissions and bonuses
- Unlawful wage deductions
- Employee misclassifications
- Minimum wage violations
- Overtime pay violations
- Much more
If your employer denies wages you believe you’re entitled to under the law, it’s crucial to know your rights. A Albany labor lawyer will fight for you to help you claim unpaid compensation. Call (315) 422-1333 to request your free consultation today.
The Fair Labor Standards Act (FLSA)
The FLSA (Fair Labor Standards Act) is a federal law establishing overtime pay and minimum wage standards.
Though federal law sets the minimum wage at $7.25 per hour, it’s much higher in Albany. Therefore, employers must abide by the NY Labor Department’s rules, which follow FLSA orders for overtime pay.
When an employer fails to pay the minimum wage or overtime amount, it is crucial to contact a wage dispute lawyer in Albany for help. We can ensure you get the compensation you deserve.
Minimum Wage for Those in Albany
The minimum wage in Albany is higher than what the FLSA requires, though the employer and location still determine it. Here is a look at the numbers:
- Westchester and Long Island – $16/hr.
- Albany City – $16/hr.
- Everywhere Else in NY – $15/hr.
Tipped workers are often paid less because their tips make up the difference in pay. However, Albany has different rules allowing employees to receive the applicable minimum wage for that specific location, typically higher than the FLSA.
Hiring a Fair Labor Standards Act lawyer in NY can help you receive fair compensation if you haven’t been paid minimum wage for the work completed.
Overtime Denial and Employee Misclassification
Albany employers must abide by state and FLSA labor laws regarding overtime pay. This means that non-exempt employees must receive time-and-a-half of their regular rate for anything over 40 hours per week.
Typically, exempt employees include those who:
- Perform exempt job functions (professional, managerial, and administrative)
- Work for exempt employers (hotels, restaurants)
- Are paid a base salary instead of an hourly wage
It’s crucial to consult with an overtime compensation attorney in Albany if you believe you’re a non-exempt employee. We can help you determine whether or not you have a case against your employer.
Salary Thresholds for Overtime Exemption
As an exempt worker, you have the right to receive a minimum salary higher in Albany than through the FLSA ($455 per week). This is primarily based on the number of employees and the employer’s location.
The NYDOL (Albany Department of Labor) announced regulations raising the salary thresholds for exempt employees. The law took effect on January 1, 2024.
However, employers often get around the FLSA overtime rule in various ways. For example, they could misclassify a non-exempt employee as exempt or claim that a worker is an independent contractor. If either of those happened to you, we can assist. Working with a wage dispute lawyer in Albany can help you recover damages.
Unlawful Wage Deductions
Payroll deductions are allowed in Albany, but established standards are in place.
Ultimately, the employee must authorize a deduction or through a collective bargaining agreement. Likewise, authorization should be voluntary and in writing.
The permissible payroll deductions include:
- Health insurance premiums
- Federal/state taxes
- Dues to labor organizations
- 401(k) and pension plans
- Educational tuition/fees
- Charitable contributions
- Daycare expenses
- Gym, health club, and fitness center membership fees
However, employers cannot deduct these expenses or items:
- Lost company property (employee’s equipment)
- Business fines and misconduct penalties
- Travel expenses and lodging
- Used paid time over the allotted amount
- Items broken by the employer
- Cash shortages at the register
- Business losses
In a sense, paycheck deductions you didn’t authorize in advance and in writing could be unlawful. Partnering with a wage dispute lawyer in Albany is crucial to file a claim against your employer.
Not Being Paid Commissions
Albany requires that all employees be paid for the wages earned. This includes overtime, fringe benefits, commissions, and bonuses. The compensation must be doled out swiftly, even if the relationship between the worker and employer has ended.
If you believe your commissions were improperly withheld after being fired or quitting, it’s time to hire a Fair Labor Standards Act lawyer in NY. We can help you recover damages.
Wage Violations Often Found in the Restaurant Industry
Hospitality employers can include hotels, bars, and restaurants. They can pay their tipped employees (hosts, runners, servers, bartenders, maids, etc.) less than minimum wage if their tips make up the difference.
If a restaurant employer has 11 or more employees in NYC, they pay $10 per hour and have a tip credit of $5/hr. However, the rules are different in other locations.
Employers often fail to distribute tips correctly, take inappropriate tip credits, and don’t notify workers of pooling policies. Creating the best Albany state labor law defense will help you receive compensation if you are a victim of any of those things.
Contact Schwab Gasparini for a Albany Labor Lawyer Today
There are many ways employers can steal wages from employees, such as:
- Being forced to work off the clock
- Having tips stolen
- Being denied rest/meal breaks
- Much more
Hiring our Albany labor lawyer is the best solution. We can help you determine if you have a viable claim and will fight to get you the compensation you deserve. Call Schwab & Gasparini, PLLC, at (315) 422-1333 to request a free consultation today!
Frequently Asked Questions
What are the common wage and hour law violations in Albany City?
Common violations include unpaid overtime and misclassifying employees as independent contractors instead of as employees. This misclassification can lead to serious legal consequences for businesses.
Why is it important to consult a Albany labor lawyer?
A Albany labor lawyer provides essential guidance in navigating the complex regulations of wage and hour laws. Their expertise helps businesses ensure compliance, defend against wage dispute lawsuits, and adopt preventive measures to avoid future legal issues.
How do legal professionals help businesses with wage and hour claims?
Legal professionals, like those at Schwab Gasparini, play a pivotal role in defending businesses in wage dispute lawsuits, ensuring adherence to Albany State labor law, and advising on preventive legal strategies. Their expertise is crucial in navigating complex wage and hour claims effectively.