Minimum Wage and Overtime Pay (FLSA)

The New York minimum wage and overtime attorneys of Risman & Risman, P.C. understand how vital it is for you to be collecting your fair share from your employer and we are well versed in the laws which seek to protect your hard earned money. The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, record-keeping, and youth employment standards affecting employees in the private sector and in Federal, New York, and New York City. Covered nonexempt workers are entitled to a minimum wage of not less than $7.25 per hour effective July 24, 2009. As of December 31, 2013, the New York State minimum wage is now $8.00 per hour. Overtime pay at a rate not less than one and one-half times the regular rate of pay is required after 40 hours of work in a workweek.

FLSA Minimum Wage: The federal minimum wage is $7.25 per hour effective July 24, 2009. The New York Minimum Wage Act also prohibits providing wages under the Federal level. In these cases , when an employee is subject to both state and federal minimum wage laws, the employee is entitled to the higher minimum wage.

FLSA Overtime: Covered nonexempt employees must receive overtime pay for hours worked over 40 per workweek (any fixed and regularly  recurring period of 168 hours — seven consecutive 24-hour periods) at a rate not less than one and one-half times the regular rate of pay. There is no limit on the number of hours employees 16 years or older may work in any workweek. The FLSA does not require overtime pay for work on weekends, holidays, or regular days of rest, unless overtime is worked on such days.

Hours Worked: Hours worked ordinarily include all the time during which an employee is required to be on the employer’s premises, on duty, or at a prescribed workplace.

Recordkeeping: Employers must display an official poster outlining the requirements of the FLSA. Employers must also keep employee time and pay records.

Child Labor: These provisions are designed to protect the educational opportunities of minors and prohibit their employment in jobs and under conditions detrimental to their health or well-being.

In addition, the New York Department of Labor has issued wage orders for specific industries. For instance, the New York Department of Labor has issued a specific minimum wage order for the hospitality industry. This Order provides for the payment of a lower minimum wage to employees, who customarily receive tips as part of their work. Thus, the Wage Order addresses the employee’s entitlement to a “tip credit,” as well as an employer’s obligations concerning “call-in pay,” and other allowances.

Unlawful Wage Deductions: Our wage and hour attorneys can assist clients in recovering amounts unlawfully deducted from their pay. Under New York State law, employers are forbidden from making deductions from an employee’s wages for a variety of accidents which occur within the scope of employment, ranging from a breakage or spoilage of materials. In addition, the law forbids employers from requiring that employees pay for such items by way of separate transaction. The law only permits deductions from wages for limited purposes: First, the deduction must be for the benefit of the employee and second, the employee must have agreed to the deduction in writing. Unless these two requirements are met, the employer has violated New York State’s unlawful wage deduction law.

It also important to remember that employees are protected under Federal and New York law from workplace retaliation in response to complaining, taking part in an investigation, or even filing a lawsuit concerning wage and hour violations.

The New York wage and hour attorneys of Risman & Risman, P.C. are ready to aggressively pursue your wage claim. There is no charge for the consultation. Please feel free to call us at (212) 233-6400 or contact us online.