Eric S. Tilton, P.L.L.C. - Long Island Employment Lawyer
Wage and Hour Law for Workers and Employees
Services for Workers and Employees
Discrimination, Harassment, and Retaliation
Most times, employers and businesses may not even be aware that they are violating the Fair Labor Standards Act or the New York Labor Law. In fact, many cases are simply just a case of employee misclassification, such as when an employer labels an employee "exempt" when they are actually not. Other times, employers may seek to get around the wage and hour laws by paying an employee a "salary", and then claiming that the employee is not entitled to overtime. This is simply not the case, because whether an employee is entitled to overtime or not is dependent upon the nature of their duties and responsibilities, not any label given to them by their employer or the manner in which they are paid.
Likewise, many employees may not be aware that they are being paid illegally. Clearly, all employees are entitled to be paid at least the minimum wage applicable in New York State, but there are also many other requirements as well. For example, an employer may not make deductions from an employee's wages to cover their own losses caused by breakage, or a similar reason. Employers must pay uniformed employees for the cost of laundering their uniforms, and must also provide regular meal and rest periods in accordance with the law. For those employees who travel throughout the day, employers must pay you for your travel time under certain circumstances, and even in some situations where you are doing nothing but waiting for work to be assigned to you.
Similarly, employers are still sometimes unaware how to operate and administer a tipped employee's wages in a manner that is in compliance with the Fair Labor Standards Act and the New York Labor Law. For example, it is typically ILLEGAL for any managerial employee to participate in a "tip pool", or for an employer to force a tipped employee to share any part of their gratuities with another employee who is not one who customarily receives tips, or to include a mandatory "service charge" or "gratuity" on a customer's check without turning over those charges or tips to the employee.
Finally, it goes without saying that employees are entitled to equal pay for equal work, regardless of their gender, national origin, race, religion, or disability. There are many different statutes, including the FLSA and The Equal Pay Act, Title VII of The Civil Rights Act of 1964, The Americans With Disabilities Act, The Age Discrimination in Employment Act, and related state statutes that govern employment discrimination within the state, including discrimination in pay.
Whether you wish to file a complaint with the United States or New York State Department of Labor, or wish to sue your employer in court for a violation of any of the above statutes, our lawyers can help you with respect to your complaints of:
As we all know, next to one's family, one's employment or business is usually the next most important aspect of their life, and my clients understandably take their business and employment-related issues personally. That is why, at my firm, I will not stand for situations where my clients' telephone calls are not timely returned, or their claims delayed as a result of firm mismanagement. All calls to the firm's business line are forwarded to my personal cell phone when I am not in the office, and I endeavor to keep as many evening hours as I can available for my clients. With such ease of communication, it makes my job easier, and lets my clients know that they have hired a caring and effective attorney.
We provide a variety of services to our clients, and represent our clients in a number of different areas of the law, including:
Although in New York we all work in an "employment at will" state, meaning that you can be fired at any time for any reason, there are some reasons upon which an employer may not rely. An employee cannot be terminated, suspended, demoted, or paid less as a result of their race, national origin, ethnicity, gender, pregnancy, disability, age, religion, marital status, military status, union membership or affiliation, past criminal record, predisposing genetic characteristics, or reports of unsafe working conditions. Similarly, you cannot be retaliated against because of your complaint about a discriminatory practice.
Similarly, an employer may not "harass" an employee based upon any of the above protected characteristics, and may not force the employee to work in a hostile working environment based upon those characteristics. Clearly, you cannot be terminated because you refuse to go out on a date with the boss, but what many people do not realize is that harassment can take many other forms, even down to something as simple as lewd or dirty jokes being passed around the office which offend you.
If you believe you are being discriminated against, harassed, or retaliated against by your employer, please contact us to go over your options. We have experience representing employees with respect to many different types of legal actions, including lawsuits in federal or state court, administrative complaints to the United States Equal Employment Opportunity Commission ("EEOC"), New York State Division of Human Rights, or local human rights offices, and mediation and arbitration matters.
If you have any question concerning the services we can provide or the areas of law in which we practice, please don't hesitate to contact us. We are committed to finding the best solutions for you in the most efficient and effective way possible.
Failure to pay the minimum wage
Failure to pay overtime
Failure to pay travel time
Failure to pay waiting time
Failure to pay "on call" pay
Failure to pay "spread of hours" for a day lasting longer than 10 hours
Failure to provide rest and meal periods as required
Improper deductions from wages
Discrimination with respect to wages, bonuses, or other types of compensation
Failure to provide a proper wage statement under the New York Wage Theft Prevention Act
Improper administration of an employee "tip pool"
Failure to pay tips collected as a result of a mandatory "service charge" or gratuity
Retaliation because you complained in good-faith about an employer's failure to comply with the above statutes or because you complained about discrimination
Failure to Provide a Reasonable Accommodation
Whether you are pregnant, have a disability, or need an accommodation as a result of your religious observations, and employer must provide it under certain circumstances in order to be in compliance with the law. An accommodation may include changes to your work schedule or hours, or the duties and responsibilities of your position, or a change to the employer's uniform requirements. Specifically, under the Family and Medical Leave Act, and employer may not discriminate against you for taking a medical leave to care for yourself or a close family member if they suffer a serious illness or injury requiring long-term treatment. Each employee is entitled to up to 12 weeks of leave per year if their employer is covered by the FMLA. Please contact an attorney if you believe you have been retaliated against or denied a reasonable accommodation as a result of your pregnancy, disability, or other protected characteristic.