Federal overtime payment laws likely to change soon
The Obama
administration has begun the process of
enhancing the overtime protection laws in
the United States. At this time, managers
that are paid a salary are exempt from
overtime laws. Businesses throughout New
York have abused this technicality to help
cut their labor costs. They give employees
the title of management so that they do not
have to pay any overtime wages for their
hard work.
The
current law does not give a clear definition
about how much time an employee should spend
doing managerial tasks to be considered
management. The Obama administration wants
to address this by changing the law to state
that at least 50 percent of their time
should be spend on managerial duties. This
change in the law is going to be a great
benefit to overtime wage victims and their
employment law attorneys.
When the
overtime wages law goes into effect, New
York employment law attorneys would only
need to prove that the employee does not
spend a majority of their time at work
performing managerial tasks. The problem
with the law as it stands is that without a
clear line, even the most skilled and
experienced employment law attorneys are
subject to the perception of juries. It is
possible for a jury to find that an employee
that spends even just a quarter of their
time doing managerial tasks to still be
considered a manager.
Closing up
the loophole in the
overtime wages law will be a big step in
protecting the rights of employees in New
York and throughout the country. Employers
are abusing the law to make a little more
profit at the expense of their employees
that are not actually in managerial
positions. It is wrong morally, and
hopefully, soon it will also be wrong
legally as well.
Contact
the New York wage and hour attorneys at
Hepworth, Gershbaum & Roth, PLLC to
discuss your rights to receive overtime
wages from your employer. Schedule a free
confidential consultation by calling
212-545-1199 or
online.
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