Frequently Asked Questions About the Fair Labor Standards Act in New York

Answers from experienced employment law attorneys in New York City

The Fair Labor Standards Act (FLSA) has been around for nearly a century, yet there is still a great deal of confusion about how the law applies to individual situations. Our New York City FLSA attorneys at Hepworth, Gershbaum & Roth, PLLC are well-versed in this body of the law. We answer your questions and ensure that your employer does not financially exploit you. When you have been exploited, we take aggressive legal action to recover the compensation you deserve.

Schedule a free initial consultation to discuss your questions with a New York City FLSA attorney

You may be losing out on financial compensation every day you wait before speaking with an experienced New York City FLSA attorney. Get informed today and begin the legal process. To schedule a free initial consultation with an attorney from Hepworth, Gershbaum & Roth, PLLC, call us at 212-545-1199 or contact us online.

When is overtime required?

Most people presume that overtime must be paid whenever someone works more than 40 hours over the course of a work week. The FLSA requires employers to pay you overtime whenever your work more than 40 hours in any seven day period.

Can I receive less than the minimum wage if I am paid in tips?

The answer is yes and no. Tipped employees can be paid less than the standard hourly minimum wage, but only if their average hourly wages with tips included are equal to or greater than the minimum wage. Call our New York City FLSA violations attorneys if you are a considered a tipped employee, but do not always earn enough tips to equal the standard hourly minimum wage rate.

What are the penalties if your employer does not pay you minimum wages?

The FLSA was established to protect employees from getting exploited by companies wishing to pay unfair wages. Lawmakers wanted to make sure that it would be worthwhile for low paid workers to be able to recover fair compensation without spending more money than they would get back. That is why your employer is responsible for paying your attorney’s fees in addition to the damages you receive directly.

Is there a limit to how many hours in a week you can work?

There are no federal limits to how many hours in a week you are allowed to work (as long as you are at least 16 years old). The FLSA only requires that you be paid overtime for the hours that you do work. If you have not been paid the overtime you deserve, contact our New York City FLSA attorneys.

What are you required to be paid for as an hourly employee?

The FLSA mandates that employees must be paid for any time spent performing a task on behalf of the employer. Unpaid breaks or and sort of a mandatory task performed off the clock amount to a violation by your employer. Our New York City FLSA attorneys are experts at spotting violations and getting you compensation.