Unpaid Minimum Wage 

If you’ve been the victim of Unpaid Minimum Wages or Minimum Wage Theft? our law firm can help. We represent employees who have been the victims of unpaid Wages & Wage Theft in NY

Find Out If You Have a Case.
Fill Out the Form Below.

Hidden
Hidden
Hidden
What is your legal issue?(Required)

Unpaid Minimum Wages

When someone is fired from their job, a common question that comes up is whether or not they are entitled to the minimum wages they were promised. Call us to learn your rights

Fair Labor Standards Act

The FLSA sets the regulations when it comes to the minimum wage an employee must be paid. Our lawyers are experts in using the FSLA to hold employers who don’t properly pay minimum wage employee wages, accountable

Minimum Wages Lawyers

Our lawyers advise unpaid Minimum Wages victims what are some of the legal implications and options for finding a solution? Find out more about what you can do if you’re owed Unpaid Minimum Wages

“El-Hag helped me recover $100,000 in unpaid overtime because the time spent traveling was not paid”

MINIMUM WAGE VIOLATION LAWYER NY

We’ve helped employees just like you recover millions in damages. I can help you too!

El-Hag & Associates, P.C is a labor & employment law firm that fights for employees, workers, and freelancers who are the victims of minimum wage violations. Often workers not familiar with Federal, State, and Local work Laws, do not realize that they may be owed wages due to minimum wage violations by the employer.

Because of this, our goal as an employee minimum wage violation labor and employment law firm, is to educate and empower every working person in Westchester County New York, New York City, and the surrounding areas to learn whether they are victims of minimum wage violations now, or how to protect themselves, so they are never taken advantage of by their employer. We will educate you about your minimum wage earning rights at work and create a comprehensive legal strategy and plan to address your Unpaid minimum wage wages or employer wage theft legal needs. We guarantee a relationship of ongoing trust, transparency, and communication in dealing with your unpaid minimum wage violation legal issues. If you feel you have been paid incorrectly with respect to your minimum wage or otherwise, treated unfairly in the workplace, or wrongly terminated, call El-Hag & Associates, P.C- a Westchester New York labor & employment law firm and we will fight for you.
Under the Fair Labor Standards Act (FLSA), payment for the number of hours an employee works in a given week is protected by federal law and should not be interfered with by an employer or affected by workplace policies. Each state is allowed to adopt its own minimum wage. A state can choose to apply the FLSA federal minimum wage of $7.25 or it can create its own minimum wage that applies to most workers in the state.

As of December 31, 2021, the minimum hourly rates that employers must pay to tipped workers in NY are shown below.

NYC, Long Island, and Westchester County Service Employees $12.50 Cash Wage and $2.50 Tip Credit and the remainder of NY $11.00 Cash Wage and $2.20 Tip Credit

Food Service Workers in NYC, Long Island, and Westchester County $10.00 Cash Wage and $5.00 Tip Credit with the remainder of NY $8.80 Cash Wage and $4.40 from tips.

Although the state’s minimum wage applies to most types of workers, employers are allowed to pay tipped employees less than the required minimum wage as long as the amount of tips an employee brings in makes up the difference.

There are limitations in the hospitality industry in New York where the hospitality industry employers may not take to present for Workers spend more than two hours or 20% of the shift feeling that work or weeks from service employees receive tips averaging less per hour than the following: in resort hotels in New York City, Long Island, and Westchester County $8.40 and in the remainder New York State $7.40. In restaurants in or near hotels in New York City, Long Island, and Westchester County $3.25, and in the remainder of New York State $2.85.

Tip allowances are not permitted in miscellaneous industries which is all the industries except hospitality building service, and farm workers. An employer cannot detain or keep any tips received by the employee

Are you an hourly, salaried, or tipped worker?

You might be owed tens of thousands of dollars in lost wages, emotional distress, and other damages and not even know it!

Usually, an employer will withhold your last paycheck or commissions, and make certain deductions from your last paycheck for bogus expenses. Your employer must provide you with your last paycheck on payday immediately following your last day of employment. And your employer cannot deduct money from your wages without your express authorization and only for benefits provided through the job. Often, the employer feels it is only one paycheck, so it is not enough for an attorney to take the case. Do not feel this way; if your boss does not pay you your last paycheck, you have rights, and El-Hag & Associates, P.C can get you the money you are owed.
HOW WAGE THEFT OCCURS WHEN YOUR BOSS PAYS YOU BY THE DAY AND NOT BY THE HOUR
You MUST: (1) be paid at least the N.Y State Minimum Wage for all hours worked and (2) be paid overtime for all time worked over 40 hours in a workweek. However, when employees are paid by the day, they are often not paid the minimum wage or overtime because they and their bosses do not keep track of the hours the employee works in the week. The law requires your income to be calculated weekly.

NY LABOR AND EMPLOYMENT LAW FIRM REPRESENT WORKERS AND EMPLOYEES WHO HAVE NOT BEEN PAID THEIR OVERTIME WAGES.

If you have earned overtime pay and have not been paid the proper wages. New York law firm, El-Hag & Associates, PC, represents workers and employees who have not been paid their overtime wages. El-Hag & Associates, PC., will fight to get you the money you are owed.

What is the NY overtime law?
The New York overtime law protects workers who have not been paid their overtime wages. You may be entitled to get you if you believe you have not been paid your overtime wages. The experienced attorneys at our firm can help you determine if you have a claim and fight for the compensation you deserve.

WHAT ARE THE EXCEPTIONS TO THE NY OVERTIME LAW?

There are a few exceptions to the New York overtime law, including executive, administrative, and professional employees, outside salespeople, and certain computer professionals. Other exceptions to the overtime law include volunteers, independent contractors, and students working in specific educational programs.

HOW DO I KNOW IF I AM MISCLASSIFIED AS EXEMPT AND SHOULD BE RECEIVING OVERTIME WHEN I AM PAID A SALARY?

CALL US!!  Take a few minutes and call El-Hag & Associates, P.C, and we will be happy to perform a free pay analysis for you. The only other way is for you to research the overtime exemptions and make a judgment call about your employer’s pay practices. This is one of the most common ways employers steal wages. If you have questions, please do not hesitate to call us.

HOW MUCH OVERTIME PAY AM I ENTITLED TO UNDER THE NY OVERTIME LAW?
The New York overtime law requires employers to pay employees 1.5 times their regular hourly rate for any work done over 40 hours a week. However, there are several exceptions to this rule. For example, salaried employees, may not be entitled to overtime pay. Additionally, some jobs are exempt from overtime law, such as certain types of professional and managerial positions. If you believe that you earned unpaid overtime pay you should speak to our lawyers for a free consultation.

HOW DO I FILE A CLAIM FOR UNPAID OVERTIME WAGES IN NY?

If you believe your employer has not paid you the overtime wages you have earned, you can file a claim with the New York State Department of Labor. The Department of Labor will investigate your claim, and if they find that your employer has violated the law, they will order your employer to pay you the wages you are owed.

In addition to Department of Labor Claims, you can still bring a private lawsuit against your employer for unpaid overtime wages. You may be awarded back pay, plus interest and attorneys’ fees if you win your case.

If you are thinking about filing a claim for unpaid overtime wages, you should speak with an experienced labor & employment lawyer at the El-Hag Law Firm, to learn more about your rights and how to protect them best.

WHAT ARE THE DEADLINES FOR FILING AN UNPAID OVERTIME CLAIM IN NY?

If you think you may have been a victim of wage theft and haven’t been paid the overtime wages you are owed, it’s essential to act quickly. There are deadlines for filing an unpaid overtime claim in New York, and if you wait too long you will lose the opportunity to recover the money you are owed.

The first step is to contact an experienced attorney who can help you understand your rights and assess your unpaid overtime case. We will also be able to tell you what deadlines apply to your situation.

Don’t wait too long to file your claim – act now to get the overtime wages you deserve!

HOW CAN I GET HELP IF I AM NOT PAID MY OVERTIME WAGES IN NY?
If you are not paid your overtime wages in NY, you may be able to get help from a NY law firm. The lawyers at such a firm may be able to help you recover the unpaid wages, as well as any other damages that may be available to you under the law.

EL-HAG & ASSOCIATES, PC CAN HELP YOU GET YOUR OVERTIME PAY.

If you believe you have not been paid your overtime wages, it is crucial to seek legal help. The experienced employment attorneys at our NY law firm can help ensure you receive the compensation you deserve. We understand the laws governing overtime pay and will fight tirelessly to get you the money you are owed. Contact us today for a free consultation.

How Wage Theft occurs by not being paid for all hours worked

Often, an employee is not paid for all the time they are required to be on/at the job. This usually happens in three situations:

  • Reporting to work first thing in the morning. You must be paid if your employer requires you to show up at a certain time. Often, the employer will require that you show up for work but will not let you punch in until the work is ready to be performed. This is an unlawful practice. Once you report to the job, you must be paid if your boss told you to report at that time.
  • Working through lunch. If your employer requires you to work through lunch, then your employer cannot deduct any lunchtime from your pay. Sometimes an employer will automatically deduct 30 minutes for lunch from your paycheck for each day you worked even if you did not take a lunch break. Do not allow this to happen. If your boss knows you work through lunch, you must be paid for that time.
  • Finishing the workday. Sometimes an employer will ask you to do some more work after you have punched off the clock. If you are being asked to work after you punched out, you need to keep track of the time to ensure you are getting your overtime and pay for all time you provided services to your employer.

How Overtime Wage Theft occurs when you leave your job

Usually, an employer will withhold your last paycheck or make certain deductions from your last paycheck for bogus expenses. Your employer must provide you with your last paycheck on payday immediately following your last day of employment.  And your employer cannot deduct money from your wages without your express authorization and only for benefits provided through the job. Often, the employer feels it is only one paycheck, so it is not enough for an attorney to take the case. Do not feel this way; if your boss does not pay you your last paycheck, you have rights, and El-Hag & Associates, P.C can get you the money you are owed.

Our NY Minimum Wage Violations Law Firm Will Fight To Get Your Money

If you believe your employer has stolen overtime wages from you, our minimum wage violations lawyers can help you recover what is rightfully yours.

  • No upfront fees or retainers – we get paid only if YOU get paid
  • You could get DOUBLE your unpaid minimum wages, including overtime, in penalties and damages the employer must make up the difference.
  • ​8 in 10 clients recover tens of thousands, and 2 in 10 can recover life changing amounts.
  • Generally takes 4 – 9 months from start to money-in-your-pocket
  • Our minimum wage violation lawyers will know how to best collect evidence to prove your case and build a strong argument.yers will know how to best collect evidence to prove your case and build a strong argument.
  • Our experienced unpaid minimum wage violations and unpaid wages attorneys can negotiate on your behalf to get you the best possible outcome.
  • Our unpaid minimum wage violations wage theft lawyers can help you file a claim with the Department of Labor or take your case to court. (Which is unnecessary in most cases)
  • Protection from revenge – your boss can’t fire you, change your hours or mess with your work environment due to your minimum wage violations or Wage Theft Claim
  • ​You can recover from any company you worked for in the past six years for unpaid part of your minimum wage
  • We’ll do all the hard work to get you your Money. You just need to give us the details. You (usually) won’t even have to show up
  • You can get your job back or front pay instead of getting your job back so you have money in your pocket while you look for another job.
  • Hiring our experienced NY minimum wage violations law firm gives you the best chance of recovering the minimum wage pay and other wages that were stolen from you.

Case Results

James

recovered $160,000 in severance pay and left work on his own terms.

Katrina

recovered $60,000 when her employer denied her leave for her disabled child (3 years pay)!

Tony

recovered $50,000 for losing his job after his boss made racists comments!

Monica

recovered $25,000 in unpaid overtime because her boss incorrectly treated her as not entitled to overtime under the law as a salaried office worker.

 

Manuel

recovered $45,000 as a deli worker because he worked more than 40 hours a week without overtime pay. The boss paid him off the books without paying him any overtime and we recovered an extra $10,000 in penalties.

Client Reviews

Were your minimum wage earnings stolen?

Here are the most common tricks business owners use to steal employee wages:

  • Calling you an independent contractor when you are not an independent contractor.

  • Telling you that you are not entitled to overtime pay when you work over 40 hours in a workweek.

  • Paying by day or by the project instead of by the hour.
  • Forcing you to work outside standard hours without counting the hours worked.
  • Not paying tipped workers an hourly wage in addition to tips.
  • Deducting time from your pay like breaks and lunch periods when you did not take a break or lunch period.

What are the most common jobs in which minimum wage violations and wage theft occur?

Hospitality and service workers

Hospitality & Service Workers

Restaurants, Bars, Hotels, Casinos, Clubs, Exotic Dancers, and Similar Establishments

Personal services providers<br />

Inside sales-people

ISR – Inbound Sales Rep, LDR – Lead Development Rep, LRR – Lead Response Rep, MQR – Marketing Qualification Rep, MRR – Market Response Rep, SDR – Sales Development Rep, BDR – Business Development Rep, ADR – Account Development Rep

Personal services providers<br />

Personal services providers

Barbershops, Nail Salons, Childcare, Cleaning Companies, Animal Care and Service Workers, Barbers, Hairdressers & Cosmetologists, Childcare Workers, Fitness Trainers & Instructors, Gaming Services Workers, Home Health Aides, & Personal Care Aides, Manicurists & Pedicurists
Hospitality and service workers

Most retail workers

Most Retil Workers including Cashier, Sales Associate, Store Manager, Buyer, Visual Merchandiser, Advertising & Marketing Manager, Cleaning & Maintenance, Security Guard
Personal services providers<br />

Office workers an low-level management

Accounts payable clerk, Customer service representative, Data-entry clerk, CAD technician, Executive Assistant, Office Manager.Scheduler.
Personal services providers<br />

Most janitorial employee

Janitorial, Custodial & Cleaning Services People
Hospitality and service workers

Most construction employees

Construction Employees, laborer, helper

How we help you recover your
unpaid wages in just 4-9 months

Let our Overtime Pay & Wage Theft Law Firm Fight for You

Don’t let your employer keep your hard-earned Overtime minimum wage minimum wage Work money by threatening or scaring you into inaction.

  • You can sue any company you worked for in the past six years. It does not have to be a company at which you are currently working.
  • ​Attorney-Client Privilege- We CANNOT tell anyone about your case unless you ask us to. Your call is 100% confidential and protected by the attorney-client privilege.
  • The law protects you. The law prevents retaliation. You can collect lost wages and benefits, penalties, demand your job back, and even demand front pay (money to cover you for the time it would take to find new work).
  • Attack only when you’re comfortable. We only move forward when you are ready. There is no pressure to start. You can have your free wage evaluation, come up with a strategy, collect evidence, and begin when you are ready.

Why you should not wait to take action

There are many reasons why you need to act fast before you lose your chance to collect your money.

  • The Company can go out of business.
  • ​You can run out of time to bring a lawsuit
  • The company can be sold or transferred.
  • Someone else could sue and complicate your chance of collecting your wages
  • The company could file for bankruptcy
  • The owner could die

Client Reviews

Leo Mendez
Leo Mendez
July 26, 2024
Un excelente servicio, lo recomiendo con buenos resultados, te mantienen al día con la información de tu situación
Geremias Reyes
Geremias Reyes
July 26, 2024
Su experiencia fue muy buena grasias ala señorita crece por al personal por siempre estar en contacto conmigo desde al prisipio muchas grasias
Jose Aguilar
Jose Aguilar
July 26, 2024
Muy buena experiencia muy amables y muy competentes
Chiméne Perez
Chiméne Perez
July 22, 2024
I recently had the pleasure of working with El-Hag and Associates and cannot recommend them highly enough. From the very beginning, their team demonstrated an exceptional level of thoroughness and dedication. They took the time to understand my needs and concerns, making me feel truly valued and respected as a client. It was a dark time and the understanding and education was needed. The attention to detail and proactive communication were particularly impressive, ensuring that I was well-informed and comfortable throughout the process. It's refreshing to work with a firm that not only delivers outstanding results but also prioritizes customer care so highly. Thank you, El-Hag & Associates, for your professionalism and commitment.
Carmen Olivero
Carmen Olivero
July 19, 2024
Excelente servicio lo puedo recomendar 100%
Joseph Acosta
Joseph Acosta
July 16, 2024
Wow, my experience with El-Hag & Associates was absolutely fantastic. They did my intake, gathered all the necessary information, collected evidence, and then got back to me soon after. Documents were quick and easy to sign and all steps were taken efficiently. Dylan Wiley called me personally and empathized with my situation and gave me options as to how to handle it. He showed me immense respect and kindness throughout the entire process. Constant updates were given. They took care of everything and informed me of every decision they made. Always readily available to answer a phone call or text. I eventually received a settlement check in the mail and I was really pleased at what they negotiated for me! Very few fees added! Very very reasonable. No tricks, no random charges, they gave me exactly what they promised. Loved working with them and I will be using them again in the future if I ever need. 5/5 stars.
Juan Cantor
Juan Cantor
July 12, 2024
Exelente trabajo los recomiendo son muy profecionales resolvieron mi caso en poco tiempo.

Why clients prefer El-Hag Law

Millions in unpaid wages on behalf of individual clients

Although we have litigated class action lawsuits, nothing makes us happier than handing an individual a check for tens of thousands of dollars. It’s a life-changing experience for most of our clients. That is why we focus on helping the most underserved people and take on the most challenging to win cases. We know how to win these cases and are not afraid to fight on our clients' behalf.

Experience representing employees on an individual or class action basis

Did you know that you could end up receiving less as being part of a class-action lawsuit instead of litigating your case individually? We have handled numerous cases where there are multiple clients, and we know when it would benefit our clients to be part of a class action or not. Generally, class actions benefit the lawyers more than the clients, and we will never put our interest before yours. We always keep our current clients' interests at the forefront of our decisions. Because we have experience handling class action lawsuits and individual lawsuits, we can help you make the right decision for your case.

Will take your case to trial if necessary

The truth is that most lawsuits settle. Many attorneys have no experience going to trial. However, we will. And because we will bring it to trial, we can get better settlements for our clients because other firms know we will go the distance.

Your case is handled by the same person from start to finish

How would you like it if the person who handles your trial is not the person who had all the experience of putting your case together from the beginning? Some law firms will have different people working on different parts of the case to make the firm more efficient. However, in the process, things can fall through the cracks. Not with us. One person handles your case from start to finish, so the representative is personally familiar with all people and facts.

There is an art to winning a lawsuit. How can a person know how a witness will behave at trial if they had no interaction with the witness before the trial date? It's impossible to be effective. These are the kinds of things most people do not know to ask when they are evaluating lawyers. But because we need to win your case to get paid, we make sure that your case does not fall through the cracks.

We care about you and your case

We don't nickel and dime clients for 1-minute phone calls. We put in the time to build relationships and educate our clients. We know this is a scary process for most people. Every client who has walked through our door has never been in a lawsuit before. We want to make sure you are comfortable and educated on what is going on with your case. We provide you with the right information to make educated decisions about your case. It takes time to build strong relationships, and we are happy to put in the time for you.

Challenge

Company lied by saying employees should not be paid for travel time because they only used the construction headquarters for commuting.

Approach

Hired a private detective to video tape the construction yard in the mornings to show that the workday began when employees arrived to work.

Result

We secured for our client one of the largest single-person wage recoveries that the Judge had seen in his career!

Challenge

Company tried to not pay our client who worked in an office overtime by claiming she was an exempt administrative employee and sales person.

Approach

We got the business owner to lie under oath, and then showed the court the evidence of our client working at the restaurant. Subjecting the company owner to perjury charges.

Result

Our client secured $35,000 and was able to start a restaurant of his own with his family using the settlement money.

Challenge

Company tried to not pay our client who worked in an office overtime by claiming she was an exempt administrative employee and sales person.

Approach

We threatened to bring a class action lawsuit against the company because they misclassified all the workers in the same position, and we were able to negotiate a premium settlement for our client.

Result

We secured our client $50,000 and she landed a new job the next week. She was able to buy a new car for commuting and put money into her retirement savings account.

Hablamos Español »