Q: Can I file a lawsuit for unpaid wages, even though I am an undocumented immigrant?
A: Absolutely, illegal immigrants in United States are also entitled to the same minimum wage and overtime pay as other workers.
Q: Do I have to pay attorney to file a lawsuit against my employer?
A: No. We usually take fees in the contingency basis. Which means we will take fees only when there is recovery. Every case is different.
Q: I am paid in fixed salary. Am I entitled to be paid overtime wage?
A: All employees are entitled to overtime unless they fall under a specific exemption. Under Federal and State Law certain occupations are considered “exempt.” These include, but are not limited to, executives and administrators earning more than $727.50 per week, professionals, outside salespersons, commissioned sales people, and interstate truck drivers. If you do not fall under an exemption you must be paid overtime. The overtime requirement is based on hours worked in a given payroll week. In general, if you have worked more than 40 hours in a pay week, and are not “exempt”, you must be paid an overtime rate for all hours over 40.
Q: When must breaks and meal periods be given?
A: Federal law does not require breaks or meal periods be given to workers. Some states may have requirements for breaks or meal periods. If you work in a state which does not require breaks or meal periods, these benefits are a matter of agreement between the employer and the employee (or the employee’s representative).
In New York, Employees who Work a shift of more than six hours starting before 11 AM AND Continue until 2 PM MUST Have an uninterrupted lunch period of AT LEAST Half an hour between 11 AM and 2 PM.
In New Jersey, employers are required to provide employees under the age of eighteen (18) with a thirty (30) minute break after five (5) consecutive hours of work. NJSA 34:2-21.17d(g)(4). New Jersey does not require employers to provide breaks, including lunch breaks, for workers eighteen (18) years old or older.
Q: When is overtime due?
A: Federal Law requires overtime pay at a rate of not less than one and one-half times an employee’s regular rate of pay after 40 hours of work in a workweek. Some exceptions to the 40 hours per week standard apply under special circumstances to police officers and firefighters employed by public agencies and to employees of hospitals and nursing homes.
Q: Do the minimum wage requirements cover everyone?
A: Most people are covered by the minimum wage requirements. However, some people are not.
Those who are not covered include:
Executives and administrators earning more than 75 times the minimum wage rate
Professionals
Outside salespersons
Taxicab drivers
Government employees (However, certain non-teaching employees are covered)
Part-time babysitters
Ministers and members of religious orders
Volunteers, learners, apprentices and students working in non-profit institutions
Students obtaining vocational experience
Q: How many hours can an employer ask an employee to work?
A: There are no limits on:
• The number of work hours per day (except for children under 18)
• How early in the morning an adult employee may work
• How late in the day an adult employee may work
In some industries and occupations, an employee must receive 24 hours of rest in each calendar week. Such jobs include work:
• In factories
• In mercantile establishments
• In hotels (except resort/seasonal hotels)
• In restaurants (except small, rural restaurants)
• As an elevator operator
• As a watchman
• As a janitor
• As a superintendent
Q: Must an employer pay workers for holidays, sick time and/or vacations?
A: Under the New York, New Jersey and Illinois State Labor Law, payment for time not actually worked is not required unless the employer has established a policy to grant such pay. Holidays, sick time and/or vacations fall under ‘time not worked.’ When an employer does decide to create a benefit policy, that employer is free to impose any conditions they choose.
Fringe benefits may include:
• Reimbursement of expenses or tuition
• Health coverage
• Payment for – Sick time – Vacation – Personal leave – Holidays
Q: When employees resign — or are discharged — from a job, must the employer pay them for any accrued, unused vacation time?
A: If an employee has earned vacation time, and there is no written forfeit policy, then an employer must pay for unused time depends upon the terms of the vacation and/or resignation policy. New York courts have held that an agreement to give benefits or wage supplements, like vacation, can specify that employees lose accrued benefits under certain conditions. [See Glenville Gage Company, Inc. v. Industrial Board of Appeals of the State of New York, Department of Labor, 70 AD2d 283 (3d Dept 1979) affd, 52 NY2d 777 (1980).] To be valid, the employer must have told employees, in writing, of the conditions that nullify the benefit.
IF… AND… THEN
An employee has earned vacation time There is no written forfeit policy The employer must pay the employee for the accrued vacation
Q: Can you fire an employee without due cause?
A: Yes. NY, NJ and IL States are “employment-at-will,” states. If there is no contract to restrict firing (like a collective bargaining agreement) an employer has the right to discharge an employee at any time for any reason. This also protects the employee’s right to resign. An employer may fire an employee for “no reason.” An employer may also fire an employee for a reason that might seem arbitrary and unfair. The employee is equally free to quit at any time without needing to explain or defend that decision.
Q: When must terminated employees get their last check?
A: When employment has ended, the employer must pay the wages by the regular payday for the pay period worked. If asked, the employer must mail the final wages to the employee
Q: Can my employer deduct money from my wage?
A: Some deductions from wages such as taxes, or insurance premiums are legal. But deductions for breakages, cash shortages, fines, losses to the business, deductions not listed in Section 193 of the Labor Law, charges for check replacement, overcharges for paid family leave premiums are illegal. You have a right to claim as much as your employer deducted from your wage.
