New York Overtime Wage and Hour FAQ

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1. What is the Federal Labor Standards Act?

2. What constitutes “work”?

3. What is “work time”?

4. What is “off-the-clock work”?

5. What constitutes a “workweek”?

6. Are meal periods considered work time?

7. What is minimum wage?

8. What is “overtime”?

9. What is my overtime rate?

10. Do other payments like bonuses get calculated into overtime rate?

11. Can my employer change my overtime rate?

12. How do I prove the amount of hours and overtime hours I work?

13. What if I do not report my overtime to my employer?

14. What if my employer does not ask me to work overtime but I work overtime anyway?

15. When does my training time count as work time?

16. When does my travel time count as work time?

17. Am I an exempt or nonexempt employee?

18. Am I considered an “executive employee” under the FLSA?

19. Am I considered an “administrative employee” under the FLSA?

20. Am I considered a “professional employee” under the FLSA?

21. Am I considered a “creative or artistic professional” under the FLSA?

22. Am I considered a “computer employee” under the FLSA?

23. Am I considered an “outside salesperson” under the FLSA?

24. Am I considered a “highly paid blue-collar worker” under the FLSA?

25. Are police officers, firefighters, paramedics or other first responders exempt employees under the FLSA?

26. What pay arrangements are permitted under the FLSA?

27. What is a bonus?

28. What is comp time?

29. What is a flat rate salary?

30. What is a tipped employee?

31. Are independent contractors protected under the FLSA?

32. How do I determine if I am an independent contractor?

33. How do I assert my rights under the FLSA?

34. What is employer retaliation?

35. How do I file a claim under the FLSA?

36. What do I receive if winning a wage and hour lawsuit?

37. What are liquidated damages or double damages?

38. What are punitive damages?

39. Is there a time limit to filing my FLSA claim?

1. What is the Federal Labor Standards Act?

The Fair Labor Standards Act (FLSA), also called the wages and hours bill, is a federal law that was enacted in 1938. FLSA applies to employees engaged in interstate commerce or employed by an entity engaged in interstate commerce. FLSA also requires that most employees in the United States be paid at least the federal minimum wage for all hours worked and that overtime is paid at a rate of one and one-half the regular pay rate, for all hours worked over 40 hours during a single workweek.

FLSA provides a “floor,” or minimum standard, that may be exceeded but never reduced or waived. Employers must also comply with any federal, state or municipal laws that establish a higher minimum wage or shorter maximum workweek than those established under FLSA. Many employers, on their own, set a higher minimum wage, a shorter maximum workweek or a higher overtime rate than FLSA mandates.

Leeds Brown Law, P.C. has represented thousands of employees in employment related disputes. Such disputes consist of claims for discrimination, harassment, and unpaid overtime. Our efforts have resulted in millions of dollars in monetary and non monetary benefits for our clients.

We would be happy to discuss your wage and hour matter 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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2. What constitutes “work”?

Under FLSA, work includes all time spent performing job-related activities. This includes activities performed while “on the clock” as well as activities performed “off the clock,” if the employer permits it. Work done off the clock can include cleaning up, equipment maintenance, paperwork at home, working during breaks and meals, and making or answering job-related telephone calls, if the employer knows the employee is working and allows the employee to do so.

Leeds Brown Law, P.C. has represented thousands of employees in employment related disputes. Such employment disputes consist of FLSA, discrimination, and harassment claims. Our efforts have resulted in millions of dollars in monetary and non monetary benefits for our clients.

We would be happy to discuss your wage and hour matter 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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3. What is “work time”?

Work time is the amount of an employee’s actual work that must be counted while computing FLSA pay due. Time not worked does not need to be counted toward pay. Time not worked includes leave time and meal periods.

If an employer requires an employee to be on the employer’s premises, it is considered work time. All regular shift time, including breaks and nonproductive time, is work time. Work done at home or off the work site is considered work and that time must also be counted. Even voluntary work is considered work and that time must also be counted. Unauthorized work will also be counted if the employer knows, or should have known, that the work is being done and permits it.

It is the employer’s responsibility to control an employee’s work. If an employer does not want an employee to work, the employer must prohibit the employee from doing so.

Leeds Brown Law, P.C. has represented thousands of employees in various employment related disputes. Our efforts have resulted in millions of dollars in monetary and non monetary benefits for our clients.

We would be happy to discuss your wage and hour matter 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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4. What is “off-the-clock work”?

Off-the-clock work is time spent by employees performing work activities outside of their normal shifts. This work may include coming early to work or start shifts before the official start time. This time counts as work time if the employer knows or should have known that the employee was beginning work early and permitted it. Time spent setting up equipment before the shift’s official start time is work time. Also, pre-shift roll calls are considered work time.

Similarly, this rule extends to employees who stay after a shift ends to perform work. Time spent cleaning equipment after a shift, performing work-related activities on the way home or taking work home may be considered work time.

Leeds Brown Law, P.C. has represented thousands of employees in employment related disputes. Our efforts have resulted in millions of dollars in monetary and non monetary benefits for our clients.

We would be happy to discuss your wage and hour matter 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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5. What constitutes a “workweek”?

Workweek means a period of seven consecutive 24-hour periods. An employer can choose on what day the workweek will begin, and, once the employer selects the beginning of an employee’s workweek, the workweek automatically ends 168 hours later. Each workweek is a separate period of time and stands alone from all other workweeks. Therefore, an employer cannot average two or more weeks together when calculating overtime. An employee is entitled to overtime if he or she works more than 40 hours in any single workweek period.

At Leeds Brown Law, PC, our lawyers have experience handling overtime claims and wage and hour law violations. Our wage and hour law and overtime violations representation extends to clients throughout Long Island and the New York City metropolitan area, as well as across the country.

We would be happy to discuss your wage and hour matter 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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6. Are meal periods considered work time?

Meal periods do not count as work time if they are at least 30 minutes in duration and the employee does not perform any work tasks during that time. However, if an employee works through lunch, that meal is considered work time. An employee who is expected to remain available during meal periods but does not otherwise perform work duties is not considered to be working and the meal time does not count toward work time.

If your company allows you to work during meal breaks, or requires you to be on duty during your lunch break or other meal-time breaks, you may have a claim for a wage and hour law violation.

At Leeds Brown Law, PC, our lawyers have experience handling overtime claims and wage and hour law violations, including violations based on meal-time policies or caused by requiring working lunches or meals, or by not properly compensating employees for breaks and meals. Our efforts have resulted in large monetary recoveries for employees throughout Long Island and New York, 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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7. What is minimum wage?

Minimum wage is the lowest wage an employer is allowed to pay an employee under the law. Under the FLSA, the federal minimum wage is $7.25 per hour. The federal minimum wage is different for tipped employees like servers and waiters. Employers may calculate tips into a tipped employee’s wage but employers must pay a tipped employee at least the federal minimum wage of $2.13 per hour. States may establish their own minimum wage laws; however, if an employee is subject to both federal and state minimum wage laws, the employee is entitled to the higher minimum wage.

Leeds Brown Law, P.C. has experience with wage and hour law claims, including violations of the overtime laws caused by requiring not properly compensating employees for hours worked or overtime wages. Our efforts have resulted in large monetary compensation for employees throughout Long Island and New York.

We would be happy to discuss your wage and hour matter 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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8. What is “overtime”?

Under FLSA, overtime means working more than the prescribed workweek or working in excess of 40 hours per workweek. Some jobs diverge from the 40-hour workweek under FLSA, but normally any qualified employee who works more than 40 hours during a workweek is entitled to overtime.

Leeds Brown Law, P.C. has experience with wage and hour law claims, including violations of the overtime laws caused by requiring not properly compensating employees for hours worked or overtime wages. Our efforts have resulted in large monetary recoveries for employees throughout Long Island and New York.

We would be happy to discuss your wage and hour matter 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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9. What is my overtime rate?

Under FLSA, the overtime rate is time plus one-half the employee’s regular hourly rate. For employees who do not receive pay based on an hourly rate, their regular pay rate must be converted into an hourly rate.

For employees who are paid according to a piece rate, their regular pay rate is calculated by dividing the total weekly earnings by the total hours that employee worked. For any work in excess of 40 hours, employees paid a piece rate are entitled to overtime at time and one-half the regular hourly rate.

For employees who are salaried workers, their regular pay rate is calculated by dividing their salary by the number of hours for which the employee is compensated. Again for work in excess of 40 hours, salaried employees are entitled to overtime pay at a rate of time and one-half the employee’s regular hourly rate.

Leeds Brown Law, P.C. has experience with wage and hour law claims, including violations of the overtime laws caused by requiring not properly compensating employees for hours worked or overtime wages. Our efforts have resulted in large monetary recoveries for employees throughout Long Island and New York.

We would be happy to discuss your wage and hour matter 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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10. Do other payments like bonuses get calculated into overtime rate?

Under FLSA, any money paid to an employee “for work” is considered part of the employee’s regular pay. Therefore, bonuses are typically considered part of an employee’s compensation for work. Because most bonuses are required to be counted as an employee’s regular pay rate, they can be considered part of an employee’s overtime rate.

There is one exception to this rule: discretionary bonuses. To qualify under this exception, the bonus must be completely discretionary. A bonus is not discretionary if the employer’s policy entitles employees to the bonus for reaching certain predetermined requirements or quotas. Also, bonuses are not discretionary if the bonus is based on the employer meeting predetermined goals, such as in a profit-sharing arrangement.

Leeds Brown Law, P.C. has extensive experience with wage and hour law claims, including violations of the overtime laws caused by requiring not properly compensating employees for hours worked or overtime wages. Our efforts have resulted in large monetary recoveries for employees throughout Long Island and New York.

We would be happy to discuss your wage and hour matter 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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11. Can my employer change my overtime rate?

An employer can increase an employee’s overtime rate, but the employer is not permitted to decrease the overtime rate below the established rate of time and one-half under FLSA. Even if the employer asks the employee’s permission to lower the overtime rate or cut a new deal with the employee, lowering the overtime rate is not permitted if the new overtime rate is below FLSA’s threshold of time and one-half.

Leeds Brown Law, P.C., our lawyers have experience handling overtime claims and wage and hour law violations. 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 wage and hour matter 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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12. How do I prove the amount of hours and overtime hours I work?

Employers are required by law to keep accurate and complete records of all nonexempt employees. FLSA does not specify the records’ particular form, but it requires employers’ records to include identifying information about the employee, and information regarding the employee’s hours worked and wages earned. Employers can use any method of timekeeping, but the records must be complete and accurate.

Leeds Brown Law, P.C., has experience with wage and hour law claims, including violations of the overtime laws resulting from a failure to compensate entitled employees for time spent working. Our efforts have resulted in millions of dollars in monetary compensation for employees throughout Long Island and New York.

We would be happy to discuss your wage and hour matter 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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13. What if I do not report my overtime to my employer?

Under FLSA, employers are responsible for documenting the work of all employees and are required to keep accurate and complete records. Employees who do not report their overtime work to their employer are still entitled to the overtime wages earned.

Leeds Brown Law, P.C., has extensive experience with wage and hour law claims, including violations of the overtime laws resulting from a failure to compensate entitled employees for time spent working. Our efforts have resulted in large monetary compensation for employees throughout Long Island and New York.

We would be happy to discuss your wage and hour matter 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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14. What if my employer does not ask me to work overtime but I work overtime anyway?

Under FLSA, an employer controls employees’ work. If the employer does not want the work, including overtime, to be done, the employer must prohibit it. If the employer does not prohibit overtime work, the employee is entitled to the overtime wages earned. However, if an employer has a policy requiring employees to ask for or report overtime and that policy is enforced, the employee will typically be required to ask for overtime in order to qualify for payment.

At Leeds Brown Law, PC, our lawyers have experience handling overtime claims and wage and hour law violations, including violations resulting from improper record keeping of employees’ hours and overtime. Our wage and hour law and overtime violations representation extends to clients throughout Long Island and 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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15. When does my training time count as work time?

Most training time is considered work time. If the training time takes place during an employee’s regular shift or is required by the employer, it is considered work time. Training time is not considered work time only if: (1) it occurs outside of the employee’s regular and normal work shift; (2) is truly voluntary and is not directly related to the employee’s job; and (3) it does not involve the employee doing other work during the training time.

If you are required to attend training during or in addition to your normal work schedule, then you may be entitled to overtime pay and compensation. You should consult an experienced wage and hour law attorney.

At Leeds Brown Law, PC, our lawyers have experience handling overtime claims and wage and hour law violations, including violations resulting from employment training policies or a failure to fully compensate an entitled employee for training time. We represent employees in wage and hour violations throughout Long Island and 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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16. When does my travel time count as work time?

Generally, under FLSA, “home to work” and “work to home” travel time, also known as commute time, is not considered work time. This includes commuting to or from a different work site than normal, or using a company vehicle while commuting. However, travel time can be work time if it occurs during the employee’s normal work shift after the employee arrives at work or before the employee leaves work. Work done while traveling, such as completing paperwork on the train or bus, is also considered work time.

If you are required or requested to travel outside of or in addition to your normal work schedule, then you may be entitled to overtime pay and compensation. You should consult an experienced wage and hour law attorney.

At Leeds Brown Law, PC, our lawyers have experience handling overtime claims and wage and hour law violations, including violations resulting from travel time policies or a failure to fully compensate an entitled employee for travel time. Our efforts have resulted in large monetary compensation for employees throughout Long Island and New York, 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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17. Am I an exempt or noexempt employee?

The Fair Labor Standards Act was enacted to ensure that workers are treated fairly, receive the compensation to which they are entitled and are not taken advantage of by employers.

Yet under Section 13(a)(1) of FLSA, some employees are exempt from both minimum wage and overtime pay if they are employed as an executive, administrative, professional, or a computer and outside sales employee.

Employees must meet certain tests regarding their job duties and salary basis to qualify for exemption. An employee’s specific job duties and salary must meet all of the requirements under the law to qualify for the exemption. The salary basis may not be less than $455 per week, and job titles are not dispositive in determining exempt status. Exempt employees cannot have their salary reduced if they come to work late or take a half-day off, but reductions can be made for a full-day absence for personal reasons or sick leave according to the employer’s plan.

The determination of whether you are an exempt or nonexempt employee is handled on a case-by-case basis. There are no published lists of jobs and exceptions; however, an experienced FLSA lawyer can examine past cases and can give you a good understanding of the likelihood of whether you are properly classified as an exempt or nonexempt employee.

Leeds Brown Law, P.C. has experience with FLSA and wage and hour law claims, including violations of overtime laws due to improper classification of exempt or nonexempt status. Our efforts have resulted in large monetary compensation for employees throughout Long Island and New York.

We would be happy to discuss your wage and hour matter 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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18. Am I considered an “executive employee” under the FLSA?

Executives are exempt from FLSA wage and overtime laws if they meet the following requirements. An executive must receive a salary amounting to no less than $455 per week. The executive’s primary duty must be managing the enterprise or a recognized department or subdivision of the enterprise. The executive must customarily and regularly direct the work of at least two or more other full-time employees. The executive must have the authority to hire or fire other employees, or the executive’s suggestions and recommendations are given particular weight as to the hiring, firing, promotion or any other status change of other employees.

Leeds Brown Law, P.C. has experience with FLSA and wage and hour law claims, including violations of overtime laws due to improper classification of exempt or nonexempt status. Our efforts have resulted in large monetary compensation for employees throughout Long Island and New York.

We would be happy to discuss your wage and hour matter 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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19. Am I considered an “administrative employee” under the FLSA?

Administrative employees are exempt from FLSA wage and overtime laws if they meet the following requirements. An administrative employee must receive a salary of no less than $455 per week. The administrative employee’s primary duty must be the performance of office or nonmanual work directly related to the management or general business operations of the employer or the employer’s customers. Also, the administrative employee’s primary duty includes exercising independent judgment in matters of significance.

Leeds Brown Law, P.C. has experience with FLSA and wage and hour law claims, including violations of overtime laws due to improper classification of exempt or nonexempt status. Our efforts have resulted in large monetary compensation for employees throughout Long Island and New York.

We would be happy to discuss your wage and hour matter 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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20. Am I considered a “professional employee” under the FLSA?

Professional employees are exempt from FLSA wage and overtime laws if they meet the following requirements. A professional employee must receive a salary of no less than $455 per week. A professional employee’s primary duty must be the performance of work requiring advanced knowledge, which is work that is predominantly intellectual in nature and requires consistent exercise of discretion and judgment. A professional employee must have advanced knowledge in a field of science or learning, and that advanced knowledge must be customarily acquired by a prolonged course of specialized intellectual instruction.

Leeds Brown Law, P.C. has experience with FLSA and wage and hour law claims, including violations of overtime laws due to improper classification of exempt or nonexempt status. Our efforts have resulted in large monetary compensation for employees throughout Long Island and New York.

We would be happy to discuss your wage and hour matter 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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21. Am I considered a “creative or artistic professional” under the FLSA?

Creative or artistic employees are exempt from FLSA wage and overtime laws if they meet the following requirements. A creative or artistic employee must receive a salary of no less than $455 per week. The employee’s primary duty must be the performance of work requiring invention, imagination, originality or talent in a recognized field of artistic or creative endeavor.

Leeds Brown Law, P.C. has experience with FLSA and wage and hour law claims, including violations of overtime laws due to improper classification of exempt or nonexempt status. Our efforts have resulted in large monetary compensation for employees throughout Long Island and New York.

We would be happy to discuss your wage and hour matter 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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22. Am I considered a “computer employee” under the FLSA?

Computer employees are exempt from FLSA wage and overtime laws if they meet the following requirements. The employee either must receive a salary of no less than $455 per week or, if compensated on an hourly basis, at a rate no less than $27.63 an hour.

The computer employee must be employed as a computer systems analyst, computer programmer, software engineer or other similarly skilled worker in the computer field who performs duties such as the application of systems analysis techniques and procedures, including consulting with users in order to determine hardware, software or system functional specifications; the design, development, documentation, analysis, creation, testing or modification of computer systems or programs, including prototypes based on and related to user or system design specifications; the design, documentation, testing, creation or modification of computer programs related to machine operating systems; or a combination of these duties that requires the same level of skills.

Leeds Brown Law, P.C. has experience with FLSA and wage and hour law claims, including violations of overtime laws due to improper classification of exempt or nonexempt status. Our efforts have resulted in large monetary compensation for employees throughout Long Island and New York.

We would be happy to discuss your wage and hour matter 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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23. Am I considered an “outside salesperson” under the FLSA?

Outside salespeople are exempt from FLSA wage and overtime laws if they meet the following requirements. The salesperson’s primary duty must be making sales, or obtaining orders or contracts for services. Also, the salesperson must be customarily and regularly working away from the employer’s place of business.

Leeds Brown Law, P.C. has experience with FLSA and wage and hour law claims, including violations of overtime laws due to improper classification of exempt or nonexempt status. Our efforts have resulted in large monetary and nonmonetary compensation for employees throughout Long Island and New York.

We would be happy to discuss your wage and hour matter 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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24. Am I considered a “highly paid blue-collar worker” under the FLSA?

The exemptions under FLSA Section 13(a)(1) apply only to “white-collar” employees who meet the salary and duty tests set forth in Part 541 of the regulations. The exemptions do not apply to manual laborers or other “blue-collar” workers who perform work involving repetitive operations with their hands, physical skill and energy. Workers such as carpenters, electricians, mechanics, plumbers, iron workers, craftsmen, operating engineers, longshoremen, construction workers and laborers are entitled to minimum wage and overtime pay under FLSA. These workers are not exempt under Part 541 no matter how highly paid they may be.

Leeds Brown Law, P.C. has experience with FLSA and wage and hour law claims, including violations of overtime laws due to improper classification of exempt or nonexempt status. Our efforts have resulted in large monetary compensation for employees throughout Long Island and New York.

We would be happy to discuss your wage and hour matter 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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25. Are police officers, firefighters, paramedics or other first responders exempt employees under the FLSA?

The exemptions also do not apply to police officers, detectives, deputy sheriffs, state troopers, highway patrol officers, investigators, inspectors, correctional officers, parole or probation officers, park rangers, fire fighters, paramedics, emergency medical technicians, ambulance personnel, rescue workers, hazardous materials workers, and other similar employees, regardless of their rank or pay level. These employees are nonexempt because the jobs they perform are important to public safety and because the employees put their lives at risk.

At Leeds Brown Law, P.C., our lawyers have experience handling overtime claims and wage and hour law violations, including violations resulting from improper classification of employees as salaried, exempt employees. 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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26. What pay arrangements are permitted under the FLSA?

Employers implement various methods to compensate employees for their normal work and overtime wages. These arrangements can include bonuses, comp time, flat-rate salaries and tips.

Leeds Brown Law, P.C. has represented thousands of employees in various employment related disputes. Our efforts have resulted in large monetary and nonmonetary recoveries for our clients.

We would be happy to discuss your wage and hour matter 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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27. What is a bonus?

Under FLSA, any money paid to an employee “for work” is considered part of the employee’s regular pay. Therefore, bonuses are typically considered part of an employee’s compensation for work. Because most bonuses are required to be counted as an employee’s regular pay rate, they should be considered when calculating an employee’s overtime rate. An employer cannot claim that paid non-discretionary bonuses should be applied as an offset when calculating an employee’s overtime.

Leeds Brown Law, P.C., has experience with wage and hour law claims, including violations of the overtime laws resulting from a failure to compensate entitled employees for time spent working. Our efforts have resulted in large monetary recoveries for employees throughout Long Island and New York.

We would be happy to discuss your wage and hour matter 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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28. What is comp time?

Comp time describes when an employer lets an employee take time off in exchange for overtime work performed instead of compensating that employee for overtime wages earned. Generally, this is impermissible unless the employee is a government employee.

Leeds Brown Law, P.C., has experience with wage and hour law claims, including violations of the overtime laws resulting from a failure to compensate entitled employees for time spent working. Our efforts have resulted in large monetary recoveries for employees throughout Long Island and New York.

We would be happy to discuss your wage and hour matter 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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29. What is a flat rate salary?

Employees covered under FLSA are entitled to overtime pay even if they work for a fixed amount of pay. This is true regardless of the amount of hours the employee actually worked. Calculating overtime pay for flat-rate employees varies, but all such employees are entitled to overtime pay for all hours in excess of 40 that the employee works in a workweek.

Leeds Brown Law, P.C., has experience with wage and hour law claims, including violations of the overtime laws resulting from a failure to compensate entitled employees for time spent working. Our efforts have resulted in large monetary recoveries for employees throughout Long Island and New York.

We would be happy to discuss your wage and hour matter 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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30. What is a tipped employee?

Employers who pay an employee using tips as part of the employee’s wage must be able to demonstrate that the employee earns at least minimum wage when tips and regular wages are added together. Employees must be allowed to keep all of the tips they earn unless there is a valid tip-pooling arrangement with the employer. Such tip pools are invalid when people who are not entitled to tips, such as dishwashers, cooks, chefs and managers, share in the proceeds.

As of July 24, 2009, the Minimum Wage increased to $7.25 per hour. This amount may be modified based upon a number of factors. For example, Food Service workers –waiters and waitresses — who earn at least $2.55 per hour in tips may be paid at a minimum wage rate of $4.60 per hour. Different rates exist for other types of service employees, specified within a set of regulations called a “Wage Order”, which addresses the unique aspects of each industry or occupation.

At Leeds Brown Law, P.C., our lawyers have experience handling overtime claims and wage and hour law violations, including violations resulting from improper pay arrangements. 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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31. Are independent contractors protected under the FLSA?

Federal law seeks to protect employees from wage and hour abuses, but the law does not cover every employee in all situations. Qualified employees are treated differently from independent contractors with regard to overtime wages. Independent contractors are not entitled to overtime pay under FLSA.

Leeds Brown Law, P.C. has represented thousands of employees in employment related disputes. Such disputes consist of discrimination, harassment and FLSA claims.. Our efforts have resulted in millions of dollars in monetary and nonmonetary benefits for our clients.

We would be happy to discuss your wage and hour matter 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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32. How do I determine if I am an independent contractor?

An employee must fulfill certain legal requirements to be considered an independent contractor. These requirements are taken together as a whole, and no single requirement alone can determine if an employee is an independent contractor. These requirements include:

  • The extent to which the employee’s services are an important and integral part of the employer’s business
  • The permanency of the employer and employee relationship
  • The amount of money the employee has invested in job-related equipment
  • The amount of control the employer has over the employee
  • The employee’s ability and opportunity to make a profit
  • The amount of skill, knowledge or judgment the employee requires to fulfill work duties
  • The degree of independence the employee has from the employer’s business operation

While independent contractors are not entitled to overtime pay, an employee who is mischaracterized as an independent contractor is entitled to overtime pay.

At Leeds Brown Law, PC, our lawyers have experience handling overtime claims and wage and hour law violations. Our wage and hour law and overtime violations representation extends to clients throughout Long Island and the New York City metropolitan area, as well as across the country.

We would be happy to discuss your wage and hour matter 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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33. How do I assert my rights under the FLSA?

Federal wage and hour laws give employees various means and avenues for seeking necessary relief. But employees must know and understand their rights in order to be adequately protected.

Leeds Brown Law, P.C. has represented thousands of employees in employment related disputes. Such disputes consist of discrimination, harassment and FLSA claims.Our efforts have resulted in millions of dollars in monetary and non monetary benefits for our clients.

We would be happy to discuss your wage and hour matter 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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34. What is employer retaliation?

Under FLSA, an employer is forbidden from retaliating against an employee who files a complaint or asserts a right to collect overtime wages. FLSA seeks to protect employees and their rights. Employers who retaliate against employees asserting these rights can be subject to punishments under the law.

Leeds Brown Law, P.C. has represented thousand of employees in employment related disputes. Retaliation is a claim that we take very seriously because no employee should face adverse consequences as a result of asserting legal rights. Simply put, retaliation is not tolerable in the workplace.

We would be happy to discuss your wage and hour matter 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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35. How do I file a claim under the FLSA?

Employees can protect their rights by filing a complaint with the United State Department of Labor or by hiring an employment attorney. Seeking the assistance of a trained attorney is usually the most effective way employees recover unpaid overtime wages from their employers.

Leeds Brown Law, P.C. has represented thousand of employees in various employment related disputes. Such disputes consist of discrimination, harassment, and FLSA claims. Our efforts have resulted in millions of dollars in monetary and non monetary benefits for our clients.

We would be happy to discuss your wage and hour matter 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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36. What do I receive if winning a wage and hour lawsuit?

Pursuant to the FLSA, employees who are successful are entitled to all unpaid overtime wages up to three years before filing the lawsuit. Employees can also be entitled to liquidated damages equal to the amount of the unpaid overtime wages. Therefore, employees in a successful lawsuit may be awarded up to twice the amount of unpaid overtime wages.

At Leeds Brown Law, P.C., our lawyers have experience handling overtime claims and wage and hour law violations. 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 wage and hour matter 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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37. What are liquidated damages or double damages?

Liquidated damages are a payment of damages that is considered a penalty against an employer who violates the law. Under the FLSA, liquidated damages are equal to the amount of any award of lost or unpaid damages and, therefore, liquidated damages are usually called double damages.

An employee must prove that their employer willfully violated the law in order to receive liquidated damages. Generally this is not a difficult burden for an employee to prove but a court is not required to award liquidated damages. However, most courts will assume that an employer acted willfully when it committed the violation and reward the employee with liquidated damages. If an employer can show that it acted in good faith, it will be able to defeat an employee’s request for liquidated damages.

At Leeds Brown Law, P.C., our lawyers have experience handling overtime claims and wage and hour law violations. 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 wage and hour matter 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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38. What are punitive damages?

Punitive damages are similar to liquidated damages in that punitive damages are a monetary award that punishes an employer for its violation of the law. If an employer acts willfully or intentionally, an employee may be entitled to punitive damages. However, only a handful of courts award punitive damages to employees in FLSA cases. Usually courts find that an award of punitive damages is appropriate when an employer retaliates against an employee for asserting her FLSA rights.

At Leeds Brown Law, P.C., our lawyers have experience handling overtime claims and wage and hour law violations. 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 wage and hour matter 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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39. Is there a time limit to filing my FLSA claim?

Employees only have a limited amount of time to file their claims under the FLSA. This time limit is known as the statute of limitations.

Under the FLSA, an employee must begin your lawsuit within two years of the date that the employer either did two of the following things. First, failed to pay the employee minimum wages or overtime wages or violated any other provisions under the FLSA. Or second, the employer retaliated or discriminated against an employee for asserting her rights under the FLSA.

However, if the employer’s violation is willful, the statute of limitations period is extended to three years. An employer’s violation is willful if it knew that its conduct violated that FLSA, showed a reckless disregard as to whether its behavior violated the FLSA, or has a prior history of violating the FLSA. If an employer is found to have acted recklessly, an employee can recover up to three years of back wages from the time of the filing of the lawsuit. That employee may also be entitled to liquidated damages.

At Leeds Brown Law, P.C., our lawyers have experience handling overtime claims and wage and hour law violations. 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 wage and hour matter 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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Contact Leeds Brown Law, P.C. | 800-585-4658

New York Employment Law Attorneys Leeds Brown Law, PC offer high quality legal services and representation to clients throughout the five boroughs of Manhattan, including Wall Street, Midtown Manhattan, Brooklyn, Queens, the Bronx and Staten Island; and throughout Nassau and Suffolk counties on Long Island, including the Northshore, the Southshore, and cities such as Garden City, Carle Place, Hempstead, Mineola, Melville, Westbury, Hicksville, Levittown, Freeport, Massapequa, Valley Stream, Long Beach, Glen Cove, Syosset, Huntington, Bayside, Forest Hills, Manhasset, Whitestone, Commack, Brentwood and Riverhead, New York. Leeds Brown Law also extends its practice throughout all the counties of Nassau and Suffolk County, which includes the East end of Long Island, as well as to The Hamptons.