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Wage and Hour & Commission Dispute

Tand & Associates is a law firm you can count on when it comes to any confusions or disputes relative to employment. One common issue handled by our employment attorneys concerns wage and hour claims. The Fair Labor Standards Act (FLSA) established a basic minimum wage for all employees, regardless of whether they work for a small business or a large company, whether they are blue collar or white collar workers, and whether or not they have managerial positions.

At Tand & Associates, conveniently located in Garden City, our attorneys are always up-to-date on the most recent developments in employment law. We pride ourselves on having successfully represented clients on both sides of employment disputes. If you live in Nassau County or elsewhere on Long Island and have questions regarding the legitimacy of your wages or hours of work as an employee, or, on the other hand, you are an employer and need guidance on federal and state standards, our highly skilled attorneys are fully prepared to serve you.

Basic Minimum Wage

As of December 31, 2016, the minimum wage increased throughout New York State; it does, however, vary depending on the region in which you work. The minimum wage in all five boroughs of New York City is now $10.50 per hour for businesses with 10 or fewer employees and $11.00 per hour for businesses employing 11 or more people. In Nassau, Suffolk and Westchester Counties, the minimum wage for small and large companies is $9.70 and $10.00, respectively, while In the remainder of the state, the minimum wage is $9.70. In the case of workers who receive tips, hourly rates may be lower, although fast food companies are taking steps to raise hourly rates and seeing positive effects of this action, such as increased productivity and lower employee turnover.

Whether you are an employer or an employee, you should be aware that posters displaying minimum wage information must be posted in the workplace in a location visible to all employees.

Break Time

If employees in New York state work for at least 6 consecutive hours, they are entitled to half an hour for a meal, though that break time is not considered work time and they do not have to be paid for it. Employers need not give their employees additional break time, though most allow their workers two 20-minute breaks times during the course of an average 8-hour day. If employers do provide break periods, they cannot deduct these periods from their employees’ wages.

Overtime Pay

While the FLSA does not require businesses to provide holiday pay, sick time, vacation time (paid or unpaid), or severance pay, it does require employers to pay overtime. Employees who are not exempt must be paid at least one and a half times their normal rate of pay if they work more than 40 hours in the course of a week. The difference between exempt employees, who need not be paid overtime, and nonexempt employees, who must be paid overtime, is that exempt employees are typically in supervisory positions, capable of hiring or firing other employees.

Maternity Leave

Increasingly over the years, as more and more women have joined the workforce, the right to family leave has become a recognized workplace right. While U.S. standards for working parents still do not measure up to most of the rest of the civilized world, they are gradually improving.
At present, if you have worked at your company for at least a year, The Family and Medical Leave Act, a federal law, entitles new mothers to take up to 12 weeks of unpaid maternity leave if you give birth to or adopt a newborn child. In New York State, both parents are entitled to that family leave. While only some employers give paid leave to parents of newborns if you are a working mother who has a medical complication that prevents you from working during your pregnancy or immediately are entitled to disability pay.

Breaks for Nursing Mothers

Although not all nursing mothers may be allowed nursing breaks under federal law, New York State law guarantees nursing mothers the right to unpaid break periods every 3 hours (at least 20 minutes each time) for the purpose of expressing milk for their children. Nursing mothers may continue to take such breaks for up to 3 years after the baby’s birth and the employer must provide a sanitary private space for the activity. Furthermore, the employer is prohibited from discriminating against nursing employees in any way.

Other Types of Family Leave

FMLA leave is also available to employees recuperating from serious medical conditions, caring for family members with serious health problems, or handling problems arising from a family member’s military service. Employees whose close family members have been injured during military service are also entitled to take family leave and have their jobs waiting for them when they are able to return to the workplace.

Types of Wage and Hour Claims Our Practice Handles

At Tand & Associates, our lawyers are both competent and compassionate, knowing the ins and outs of cases involving the following claims:
  • Unpaid wages
  • Withheld wages
  • Illegal deductions
  • Illegal kickbacks
  • Illegal appropriation of tips by employers
We are capable of negotiating with your adversary, consulting directly with The Labor Department, and, if necessary, bringing your case to litigation.

Wage Supplements

Even though, as previously mentioned, employers are not required to provide their employees with sick leave, vacation, or holiday pay, most employers do provide these benefits to their full-time employees. The amounts of time dispensed by employers, however, are extremely variable. Employers who do provide such benefits are legally required to notify their employees in writing of precisely what benefits they will be given.
Employees of New York State itself are eligible to receive numerous perks, including vacation time, paid holidays, sick time, personal leave, health care coverage, retirement plans and tuition assistance plans. Of course, many private employers offer such valuable benefits as well.

Reimbursements for Work-Related Expenses

Employers are required to reimburse their employees for any work-related expenses that would bring their salaries below the minimum wage or cut into their overtime pay. Beyond that, they are not legally required to pay their employees’ work-related expenses. Nonetheless, most employers comply with the normal expectation by employees that they will be reimbursed promptly for out-of-pocket work-related costs. Our employment attorneys recommend that employers treat their employees fairly and vice versa.

Why You Should Consult with Tand & Associates

As you can see, employment laws regarding wage and hour claims are complicated and may be subject to change. This is why it is essential to have a knowledgeable attorney to assist you with any problems in these areas. Trying to fight a legal dispute without professional counsel is foolish. Your adversary is very likely to have a lawyer, so you need to level the playing field. With one of the trustworthy lawyers of Tand & Associates acting as your advocate, you not only level the playing field — you give yourself a strong advantage. Our office can be reached by filling out the contact form on our website or by calling 516-393-9151.

"Charlie Kessler"

I cannot say enough great things about Jonathan Tand and his associates. They are an absolute pleasure to work with. They work incredibly hard for their clients and go beyond the call of duty. Incredibly kind and professional! Do not hesitate and use this firm today!

Charlie Kessler


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