Wage & Hour

Litigation

Minimum Wage

Bronson Lipsky represents workers to recover their lawful minimum wage in class and collective action suits.

Federal and state laws require employers to pay their employees a minimum wage.  Often times, the minimum wage under federal law differs from the state’s law.  For example, $7.25 is the federal minimum wage and $8.00 is the New York State minimum wage.

Unfortunately, too many employers violate these well-publicized laws to profit at their employees’ expenses.  We fight to get this money for our clients.

Overtime

Bronson Lipsky represents thousands of workers in class and collective actions against employers to recover their earned overtime wages.

Federal law requires employees to be paid one and one-half (1.5) times their regularly hourly rate for every hour that they work above 40 in a workweek.  So many hard working employees depend upon this overtime to care for themselves and their families.  Yet employers disregard this law in a variety of ways:  by paying employees a fixed weekly salary regardless of the hours that they work; by misclassifying employees who meet specified criteria as exempt salaried employees; or paying employees the same hourly rate for every hour worked.  This is illegal.  We fight to remedy this.

Restaurant Employees

Bronson Lipsky represents restaurant employees in New York City, elsewhere in New York and in New Jersey to recover for them the wages the restaurants refuse to pay.

Restaurant employees are some of the hardest workers but are sadly often the most victimized.  Restaurants violate the law in a variety of ways:  they do not pay their workers for all hours worked; they do not pay the minimum wage; they do not let their employees keep all of their tips; they do not pay their workers an extra hour at the minimum wage when they work ten hours in a day (called the “spread-of-hours pay”); and they do not pay overtime.  This is wrong.  And we fight to fix these wrongs.

Off the clock Work

Bronson Lipsky fights to make sure workers are paid for every hour that they work because too many employers fail to do so.  Employers will clock out employees before they are done working; they will change time records; and any other unscrupulous trick to avoid paying their workers for each hours worked.  This is illegal.  Employers are legally required to pay their employees for each hour worked performing their duties and to pay employees overtime when they are working more than forty hours in a workweek.

We stand up for the employees when the employers ignore their legal obligations.

Independent contractor misclassification

Bronson Lipsky has substantial experience fighting for employees who are misclassified as independent contractors.  Employers to do this to avoid paying these workers overtime and providing them benefits.

Federal and state law has strict requirements as to who actually does qualify as an independent contractor.  For example, if an employer controls that persons’ work (i.e., telling them when and how to work) that worker is likely an employee.  But if a worker is more self-directed, such as freelancers and temps, those individuals are likely to be independent contractors.   Bronson Lipsky attorneys carefully examine the facts of each case to determine whether a group of workers were misclassified.  If they were, we go after those unscrupulous employers.

Unpaid Interns

Bronson Lipsky fights for unpaid interns who should be paid for their hard work.  Too often, employers use unpaid interns to replace paid employees.  This is illegal.  If an intern is performing largely the same work as a paid employee, the intern must be paid at least the minimum wage and receive overtime.

Misclassification and Exemptions

Bronson Lipsky has substantial experience challenging employers who misclassify their employees and owe them overtime premium pay.  Under the federal Fair Labor Standards Act, all employees must be paid one and one-half (1.5) times their regular rate of pay for each hour worked above 40 in a workweek.  Many employers try to avoid this by misclassifying employees as “exempt” from overtime and paying them a fixed salary for every hour worked.  This happens in almost every industry.

We challenge these misclassifications and fight for that unpaid overtime.

Class Actions and Collective Actions

Bronson Lipsky has substantial experience prosecuting cases as class actions and collective actions.

Class Actions are suits brought on behalf of the same group of employees who were subject to the same company-wide policy that violates state law.  Most often, but not always, class actions need to include 40 or more members.

Collective Actions are suits brought under the Fair Labor Standards Act to recover the unpaid wages individuals are owed.  Collective Actions have different procedural rules than class actions.

Bronson Lipsky has extensive experience in both collective and class actions and in prosecuting every type of wage violation.

Owed Tips

Bronson Lipsky has prosecuted numerous cases to recover tips that were unlawfully retained by employers.  This most often happens with restaurants, social halls, and country clubs.

This is particularly egregious because most often employers are paying their tipped employees below the minimum wage at the “tipped minimum wage” and they do not even let the employees keep all of their tips.  When this happens, the employer loses the benefit of paying the employees at the “tipped minimum wage” and owes the employees for the difference between the rate at which they were getting paid and the statutory minimum wage.

Bronson Lipsky has extensive experience fighting for workers to recover for them all of their tips and all other owed wages.

Unlawful Deductions

Bronson Lipsky represents workers victimized by employers that take unlawful deductions from their earned wages. An unscrupulous or unknowing employer who makes deductions from a worker’s earnings for items not sanctioned by law is liable for those deductions plus penalties.  Unlawful deductions include those for lost or damaged company property; business losses; register shortages; and overhead expenses. A Bronson Lipsky attorney can analyze whether a particular wage deduction is legal or not under federal and state law and counsel workers on their options to recover all earned wages.