Unpaid Wage and Overtime Claims
Wage Guarantees under Federal and New York State Law
Both Federal Law and New York State Law offer considerable wage protection for employees. The Rapaport Law Firm routinely handles disputes regarding unpaid wage claims, overtime, and other wage-related matters in Federal and State courts.
Unpaid Overtime and Wage Protections Under Federal Law
The Fair Labor Standards Act (FLSA) requires employers to pay employees the minimum wage and time-and-a-half overtime premium pay for all hours worked beyond 40 per week. Employees who sue for minimum or overtime wage violations can recover the gap between their actual pay and the required minimum or overtime wages, plus attorneys' fees and 100% in liquidated damages.
Wage and Overtime Claims Under NY Labor Laws
New York employees are protected by the NY Labor Law. The statute of limitations for NY Labor Law claims (including overtime claims) is six years. NY Labor Law requires employers to pay their employees their due and owing wages. In addition, a prevailing employee is entitled to attorneys' fees and liquidated damages equal to 100% of the total amount of the wages found to be due. Under NY law, employers must maintain and preserve payroll records for at least three years. Pay statements must include: (a) the applicable dates that the wages cover; (b) the employer's address and telephone number; (b) the rate and basis of pay; (c) gross wages; (d) net wages; (e) deductions; (f) allowances against minimum wage; and (d) both the overtime and regular rate of pay. Employees whose payroll statements do not have that information are entitled to monetary damages against their employers.
Uber drivers have forced the company to fork over enormous sums of money for depriving them of overtime compensation, employee benefits, unemployment protections, and the right to be reimbursed for their out-of-pocket expenses.