Unexpected medical issues may arise, requiring you to take time off work. It can be frustrating if your employer doesn’t fairly compensate you for the hours or tasks you’ve completed. New York law adheres to the FLSA, so if your employer fails to pay you, there are legal options available to protect your rights. If you are missing wages and are entitled to FMLA leave, it’s in your best interest to contact a trusted New York Wage & Hour Lawyer who can help you navigate your legal options. Please continue reading to learn the steps you should take if your employer violates your FMLA leave.
What is the Family and Medical Leave Act (FMLA)?
The Department of Labor enforces the Family Medical Leave Act (FMLA) which provides eligible employees with up to 12 weeks of unpaid leave in a year for qualifying life events. Essentially, your employer is required to protect your job and access to your health benefits while on leave whether you are unable to work because of a serious health condition or because you need to care for a family member with a serious health condition. The FMLA is intended to help employees balance their work and family responsibilities by allowing them to take reasonable unpaid leave for medical reasons and to care for their families.
However, it’s important to understand that not all employees are eligible for the FMLA. The FMLA covers all public and private organizations with at least 50 employees. Employees are covered if they have worked for their employer for at least 12 months and worked at least 1,250 hours over the past 12 months at a facility that has at least 50 employees within a 75-mile radius. Whether an employee meets the minimum hours of service is determined according to the Fair Labor Standards Act (FLSA), which establishes compensable hours of work.
What Can I Do If My Employer Violates My Rights?
As mentioned above, you are entitled to receive all of the wages that you have worked for and earned. If your employer withholds your wages you can file a complaint with the Wage and Hour Division of the U.S. Department of Labor (DOL) in person, online, by mail, or by phone. They will investigate your complaint and take the appropriate action if a violation is discovered. In addition, you can file a civil lawsuit against your employer for violating your FMLA rights.
If you require top-notch legal assistance, an experienced New York employee rights lawyer from the Bell Law Group, PLLC, can help you fight for the outcome you deserve and need. Connect with our dedicated legal team today to schedule a consultation to discuss your case.
