What to do if your Syracuse employer doesn’t pay you?
Syracuse, NY - There are many ways New York employers can try to cheat their employees out of their rightful wages. If you believe you're a victim of what the law calls wage theft, you have the right to file a complaint or you can sue your employer. To understand what’s the best course of action in your case you should reach out to seasoned Syracuse employment lawyers.
However, before you take any action, you must make sure you do have a case.
Most common types of wage theft in the state of New York
All employers in New York must follow several wage requirements under federal and state law. Here are some other common wage violations by employers:
Unpaid minimum wage
Your employer may try to cheat you by offering you the minimum wage of $7.25. However, that is the federal minimum wage. What your employer may not be telling you is that in the state of New York the minimum wage is $15 per hour. According to the law, an employer in Syracuse must pay you the minimum wage for the state of New York, which takes precedence over the federal one as it is more favorable to the employee.
You must give your New York employment lawyers all the details - how many hours you’ve worked for that employer and how much they paid you. Your employment lawyers will determine the total value of your unpaid wages so you know exactly how much money you are owed.
Keep in mind though that different hourly rates apply for tipped employees, such as waiters. An employer must keep records of the tips their employees receive to make sure that, together with what they pay them, the employees get at least the minimum wage.
Unpaid overtime
Under state and federal law, employees in Syracuse must be paid one and a half times their regular hourly rate for every hour that exceeds the 40-hour normal workweek. If you’re getting $15 per hour, your overtime rate should be $22.5 However, if you work only 40 hours per week, your employer is not required to pay you overtime for weekends and public holidays.
Some employers try to avoid paying overtime by purposefully failing to keep accurate records. They’ll tell you that you cannot prove anything, which is not true. If that happens contact experienced employment lawyers and show them your own calculations. According to the law, you can file a claim for unpaid overtime and say how many hours you did not receive just payment for. It is the employer's job to disprove your claims and, if they haven’t kept accurate records, they won/t be able to.
One more thing - you’ve got nothing to lose if you hire an attorney. If your employer is found guilty, they’ll have to pay your attorney’s fees, other legal costs, and, in some cases, they’ll have to pay interest on the sum they owed you.
Other types of wage laws violations
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failure to pay sick pay, holiday pay, or vacation pay, if you have a contract that includes such payments. Note that under New York law, an employer is not required to pay sick leave or vacation days, but if they choose to do so they must do it in a non-discriminatory way.
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failure to pay earned bonuses or commissions
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unauthorized deductions from wages, such as for the cost of uniforms or equipment
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failure to provide final paycheck on time. It doesn’t matter if you quit or were fired, the employer must pay your final check on the next scheduled pay date.
