wage and hour class actions

In response to our client's complaints that their employers were failing to pay them proper wages, overtime, and tips as well as discrimination against them, we partnered with Marc S. Hepworth and Charles Gershbaum to form Hepworth, Gershbaum & Roth, PLLC, a firm that concentrates on protecting the rights of employees and their rights for fair wages. 

Employment Law/Wage & Hour litigation is what we concentrate on at Hepworth Gershbaum & Roth. We represent both individuals and classes of employees for violations of state and federal statutes governing employee compensation. Each state has its own minimum wage, and employment laws regarding hourly pay, overtime pay, lunch breaks, meal breaks, etc. New York law requires employers to give notice of the overtime policies and keep track of regular and overtime hours worked. There is also Federal law that applies to employers and employees known as the Fair Labor Standards Act.

When considering if you or a loved one as an employee have a valid compensation case you'll want to be able to answer the following questions to the best of your ability:

  • Does the employee work for more than 40 hours a week?
  • Does the employee get paid overtime?
  • Is the employee in management - if so, in what capacity?
  • If they are in "management" are they doing management work?
  • Does the employee get paid hourly or salary?
  • Is the employee considered an employee or an independent contractor?
  • Does the employee get paid breaks?
  • Does the employee get paid for all time worked?
  • Does the employee get tips?
  • If there is overtime, is overtime paid after 40 hours?
  • Are they in a union?
  • Was there an employment contract?
  • Was there a severance agreement and release?
  • What are the job duties and responsibilities?
  • Are they paid by a payroll service?
  • Does the employer keep track of all the regular and overtime hours worked?
  • Did the employer send out a formal notice to the employee with the employee's identifying information on the notice regarding the employee's rate of compensation and overtime rate?
“Roth & Roth were very helpful. They always made me feel comfortable and at ease. They prepared me very well so I wasn’t nervous. I have recommended Roth & Roth to members of my family. And what’s more, I’m happy that even after my case was settled, they still took the time to answer any questions I had.”
Roth & Roth Client
“Roth & Roth fully prepared us during the case and put my family at ease through each step in the case. I would definitely recommend Roth & Roth to anyone who needs caring, competent attorneys who will get the best result and treat you like a person while doing so.”
Roth & Roth Client
“Roth & Roth handled my personal injury case efficiently, satisfactorily and with expertise. I was kept informed every step of the way. I appreciated their support and guidance. All calls were always returned. They were always willing to listen. I was kept apprised of everything about my case. I will recommend Roth & Roth to anyone in need of an attorney.”
Roth & Roth Client
“It was a good experience working with Roth & Roth. They cared about me and the outcome of my case. David is magnificent! Audra is sweet and caring. If I needed to call, and the person was not in, someone always got back to me. I always felt they cared about me.”
Roth & Roth Client
“Working with Roth & Roth was a wonderful experience and felt like they were like family … like my relatives. When David was busy, I spoke to Audra. When Audra was busy, I spoke to David. Everything was explained to me – and no matter how many times I asked the questions, they gave me the answers in a way I would understand.”
Roth & Roth Client
“David Roth is a hard worker. I worked with Audra when she joined the firm. Everything was explained to me and they always answered any questions I had. They were always available for me. I have some friends who looked for lawyers and I recommended Roth & Roth. I will always recommend them.”
Roth & Roth Client