New York City Employment Law Attorneys Seek Justice for Fair Labor Standards Act Violations

Recovering fair wages for your hard work

Our country decided nearly a century ago that it is imperative to protect employees from being abused by their employers. The Fair Labor Standards Act (FLSA) protects employees by establishing a national minimum wage and obligation to pay overtime wages. The New York employment law attorneys at Hepworth, Gershbaum & Roth are passionate about protecting workers from FLSA violations. We are proud of earning a reputation as one of the toughest firms when it comes to fighting employers that owe back wages to hard-working employees.

What does the FLSA do?

There are two main components to the FLSA. The first part establishes a national minimum wage. Our employment law attorneys do not see as many of these claims because New York currently has a minimum wage that is higher than the federal minimum.

The second part of the FLSA establishes when overtime is required and who it must be paid to. A workweek is any continuous seven day period and overtime must be paid whenever more than 40 hours is worked during that period. There are some exemptions within this rule. Unfortunately, our employment law attorneys see an increasing number of employers in NYC trying to misclassify employees as exempt from overtime. To be exempt, an employee must earn at least $455 per week on a salary basis and be in one of the following jobs:

• Executives

• Administrative employees

• Creative professionals

• Computer analysts or programmers

• Software Engineers

• Outside sales people

• Highly compensate employees

These classifications are complex, requiring factual evidence to prove your claims. Our detail-oriented employment law attorneys are here to help you sort through the facts of your case and decide whether you have a claim for an FLSA violation.

What types of compensation can victims recover from FLSA violations?

Employees that have been victimized by their employers with FLSA violations have several potential means of recovering compensation. The primary means is to recover damages for the back wages with interest. The FLSA also allows for liquidated damages and attorney’s fees to be paid. Liquidated damages are a type of statutory penalty that is assessed against an employer.  Punitive damages are also possible, but very rarely occur in FLSA violation claims. Our NYC employment rights attorneys take time to fully explain all of the damages you are entitled to recover and what is the best way we can recover compensation as quickly as possible.

Call a New York employment law attorney today for a free initial consultation to discuss your FLSA claims

Many people are surprised by how much they are able to recover from past or current employers for the back wages they are due. Our employment law attorneys at Hepworth, Gershbaum & Roth thoroughly review the circumstances surrounding your case and help you determine your best options to recover the compensation you are owed. Schedule a free initial consultation with one of our attorneys by calling [212-532-3801] or contact us online.