Lichten & Bright, P.C.’s employment lawyers represent employees who are owed money by their employers. Whether you have an overtime wage claim, a claim for minimum wage violations, a claim for unpaid commissions, or a tip stealing claim, we can explain your legal rights to you and, if you have a valid claim, help you recover the money you’re owed.
New York State and federal law require employers to pay most employees overtime wages if they work more than 40 hours in a week. While some types of employees are exempt from the law’s overtime protections, those exemptions are not as broad as many employers would like you to think, and many employees are routinely denied overtime pay they are legally entitled to receive. Just because you are paid a weekly or annual salary, or work in a white collar position or in an office setting or from home, does not, by itself, mean your employer isn’t required to pay you overtime pay if you work over 40 hours in a week.
In New York City, independent contractors (or freelancers) have rights under New York City’s Freelance Isn’t Free Act that can sometimes make it worth suing an employer for money owed for work performed as a freelance worker or independent contractor.
Commission salespersons are required to be paid in accordance with the terms of a written commission plan. (You can read the relevant statutory provision here) If you are a commissioned salesperson and are owed unpaid commissions, you have the right to sue your employer for the unpaid commissions, plus liquidated damages and attorney’s fees.
If you believe you are the victim of wage theft by a past or present employer, you should talk to an experienced employment lawyer. Give us a call or contact us through our website if you want to discuss your potential claim and learn more about your legal rights.