Wage and Hour Lawsuits and Investigations
Throughout the United States, lawsuits and reports for violations of minimum wage and hour laws are filed with increasing frequency.
Wage and hour laws are enforced to make sure that minimum wage, overtime, spread of hours, prevailing wage, and other wage laws are being regarded by employers.
These days private lawsuits brought by employees against their employers now flood the courtroom. Frequently lawsuits brought be individuals are converted to class actions where all employees who might have suffered from a wage and hour violation are joined. In addition, federal and state governments are very aggressive in their investigation and prosecution of wage and hour violations.
Our New York wage and hour attorneys can help you or your business in determining whether employees are being properly paid and if a wage and hour violation can be made.
Wage and Hour Damages
Minimum wage violations are very costly and, depending on whether federal or state law is used, employees can be entitled to backpay damages equaling the difference between what an employee should have been paid if the employer minimum wage or overtime wage rates, liquidated damages equal to the same amount of damages recovered as backpay, prejudgment interest, and attorneys' fees and costs.
The amount of backpay which a court can order can go back up to six years if a New York state claim is made. Under federal law, an employee can go back between two or three years based upon if it was a willful violation.
When you calculate damages on an hourly basis over a period of years and then multiply by the number of employee who suffered from the violation, the damages are staggering.
Wage and Hour Recordkeeping
Both federal and state laws require employers to keep accurate payroll records of employees' work hours and the amounts paid to them. If an employer fails to maintain records and a minimum wage claim is brought, the employer will have difficulty in proving the number of hour the employee actually worked and thus have difficulty in disproving the employee’s claim of the number of hours he is alleged to have worked.
Restaurant and Hospitality Industry
New York recently enacted two new wage and hour laws applying to the restaurant and hospitality industries.
These new laws provide very specific instructions to employers in the restaurant and hospitality industries and provide for increased penalties. When coupled with the increasing amount of lawsuits brought by restaurant workers against employers for wage and hour violations, the new laws give employee powerful rights against employers.
If you or your business has experienced a violation relating to hourly pay, overtime, tipping, misclassification of employees, prevailing wage, or other wage and hour claim, the wage and hour attorneys at The Watanabe Law Firm, LLC have the experience you need in prosecuting and defending wage and hour lawsuits and investigations and our New York wage and hour lawyers can help you with your matter.
Wage and Hour Investigations
Employers will find themselves subject to inspection or audit from agencies examining wage and hour law compliance. If you receive a notice or if investigators show up at your business and ask to see your records, it is best to consult with counsel to determine how the business will cooperate.
If you receive a notice or are subject to an inspection or investigation, call the a New York wage and hour lawyer at The Watanabe Law Firm, LLC to discuss your matter as quickly as possible.
Contact us for assistance
For more information on how our New York wage and hour attorneys can help you, please contact us at 212-486-7005 or email us online.