New York Salary Lawyer

Salary Amount

Under the Fair Labor Standards Act (FLSA) and New York wage and hour laws, one of the tests utilized when classifying exempt vs. nonexempt employees is based on salary amounts.

Workers paid a salary below the minimum level are not exempt regardless of their job duties. This applies to an individual’s total gross salary and is not affected by whether the employee is full or part-time. The $455-per-week minimum translates to $985.83 semimonthly, $1,971.66 monthly, or $23,660 annually. For computer professionals, the salary threshold for exemption is $27.63 per hour. The salary test does not apply to teachers, doctors and lawyers. Some employees of the video and filmmaking industry are exempt regardless of salary.

The FLSA overtime pay rules do not apply to blue-collar workers. Non-management production-line workers and non-management employees in maintenance, construction and similar occupations, such as carpenters, electricians, mechanics, plumbers, iron workers, craft workers, operating engineers, longshoremen and other employees who perform work involving repetitive operations with their hands, physical skill and energy are not exempt no matter how highly paid they are.

If you are being paid a salary that is at or above the minimum threshold, you still must examine your job duties to determine whether you are truly an exempt or nonexempt employee.

Salary Basis to Determine FLSA and Wage and Hour Law Violations

The salary test utilizes the following in determining proper exemptions applied to employees:

• Is the salary predetermined and the same amount each pay period, not reduced by quantity or quality or work? This means that your employer pays you the same amount regardless of how much work you accomplish during the week or the quality of your work, i.e., you are not paid more or less based on productivity or quality.
• Are you paid for the whole week regardless of whether you worked only part of the week? This means that your employer must pay you for the entire week if you worked any part of that week, and cannot cut your pay because of a lack of work or for other reasons. An employer may deduct personal time off or sick days that exceed the company policy, as well as time off due to a suspension or other disciplinary action.

If you make less than the minimum salary amount and are classified as an exempt employee who is not entitled to overtime, then you should consult an experienced wage and hour law lawyer.

At Leeds Morelli & Brown, PC, our Wage and Hour Lawyers have extensive experience in handling employment disputes. Such employment disputes consist of overtime claims and wage and hour law violations, including violations resulting from the improper classification of employees as salaried, exempt employees based on salary. Our wage and hour law and overtime violations representation extends to clients throughout Long Island and elsewhere in the New York City metropolitan area, as well as across the country.

We would be happy to discuss your claim in confidence, and provide free consultations to answer your questions and evaluate your claim. Contact us today to discover how we can help you.

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