If your employer has failed to pay you the appropriate wages for hours or tasks that you have worked, it’s crucial to take the necessary steps to protect your rights. New York complies with FLSA standards, meaning if your employer doesn’t pay you, you can file a complaint with the U.S. Department of Labor (DOL) or file a lawsuit to recoup your losses. If you are missing wages in New York, please don’t hesitate to contact a knowledgeable New York Wage & Hour Lawyer who can help you understand your rights and navigate your legal options.
What is the Fair Labor Standards Act (FLSA)?
The Fair Labor Standards Act is a federal law that established minimum wage, overtime pay, recordkeeping, and youth employment standards. Employers in New York must comply with the laws outlined in the act for both full-time and part-time workers. Under this law, workers are entitled to agreed-upon wages for hours worked. If an employer withholds wages they can face significant legal ramifications.
What Steps Should I Take to Recover Unpaid Wages in New York?
Understandably, you may hesitate to act against your employer as you fear retaliation. However, New York law protects employees from retaliation for asserting their rights under wage and hour laws. If you take the necessary steps to recover your unpaid wages, your employer cannot retaliate against you. If you experience any adverse actions such as termination, demotion, or harassment after taking steps to protect your rights, you may have a valid claim against your employer.
If your employer refuses to pay you in accordance with the law, you can file a complaint with the Wage and Hour Division of the United States Department of Labor (DOL). The DOL helps workers collect compensation when they have not received the minimum wage. If an investigation is launched and your employer’s unlawful practices are uncovered the DOL will ensure that you receive the the wages you are owed for your services. It’s important to note that an employer will be guilty of a misdemeanor if they fail to provide employees with the benefits and wage supplements that were agreed upon.
Depending on the unique circumstances of the situation, you may wish to pursue legal action against your employer instead of filing a complaint. This may be the best course of action if you are attempting to procure unpaid bonuses or commissions as these types of wages are not covered under the FLSA.
At Bell Law Group, PLLC, we are prepared to help you build a strong case against your employer who has violated state or federal laws. Connect with our dedicated legal team today to learn how we can help you take the necessary steps to effectively remedy this situation.
