NYC Labor Lawyer : Fair Labor Standard Act Compliance

Under the Fair Labor Standard Act, employers must pay employees at least the federal minimum wage for all hours worked. Currently, the federal minimum wage is $7.25 per hour, though New York State and New York City have established higher minimum wages that supersede the federal rate. Employees must receive overtime pay of at least one and one-half times their regular rate for all hours worked beyond 40 hours in a workweek. An NYC labor lawyer can help determine whether your employer is meeting these obligations and can advise on wage disputes that arise from misclassification or improper calculation of overtime.

The Fair Labor Standard Act distinguishes between exempt and non-exempt employees. Exempt employees are not entitled to overtime pay and typically include executives, professionals, and administrative staff who meet specific salary and duties tests. Non-exempt employees must receive overtime compensation for hours exceeding 40 per week. Misclassification of employees as exempt when they should be non-exempt is a common violation that an NYC labor lawyer encounters. Proper classification is critical because it determines whether overtime pay is owed and affects other employment benefits and protections.

Unpaid wages occur when employers fail to compensate employees for all hours worked or miscalculate overtime payments. Under the Fair Labor Standard Act, employees are entitled to back pay plus liquidated damages equal to the unpaid wages, plus attorney fees and costs. An NYC labor lawyer can help you document your work hours, compare them to payment records, and calculate the total amount owed. New York law also provides additional remedies beyond federal requirements, allowing for penalties and interest on unpaid wages. If you believe you have been underpaid, an experienced NYC labor lawyer can evaluate whether you have a claim and pursue recovery on your behalf.

When wage violations affect multiple employees, an NYC labor lawyer may pursue collective action under the Fair Labor Standard Act or class action litigation. The Fair Labor Standard Act permits collective actions where similarly situated employees can join together to recover unpaid wages. Additionally, if the claim involves broader patterns of unfair employment practices, it may fall under the Unfair Trade Practices framework. For claims involving interstate commerce and multiple state involvement, the Class Action Fairness Act (CAFA) may apply, allowing the case to proceed in federal court. An NYC labor lawyer evaluates whether your wage claim qualifies for collective or class action treatment to maximize recovery and achieve systemic change.

The Fair Labor Standard Act requires employers to maintain accurate records of hours worked and wages paid. Employers must provide itemized pay stubs showing gross pay, deductions, and net pay. New York law mandates that employers pay employees on a regular schedule and provide detailed wage statements. An NYC labor lawyer helps employers establish compliant wage payment systems, implement time tracking procedures, and maintain documentation that demonstrates Fair Labor Standard Act compliance. Proper record keeping is essential because it provides evidence that wages were calculated correctly and paid on time.

Correctly classifying employees as exempt or non-exempt under the Fair Labor Standard Act requires careful analysis of their job duties and compensation. The Department of Labor applies a duties test that examines whether an employee performs primarily executive, professional, or administrative functions. An NYC labor lawyer reviews job descriptions and actual work performed to ensure classifications are accurate and defensible. Misclassification exposes employers to back pay liability, liquidated damages, and attorney fees. By obtaining proper legal guidance, employers can confidently classify employees and avoid the substantial costs associated with wage and hour litigation.

The New York City Civil Court handles smaller wage claims, typically those under $25,000 in dispute amount. The Supreme Court of New York has jurisdiction over larger wage and hour cases and class actions. The United States District Court for the Southern District of New York hears federal Fair Labor Standard Act claims and cases involving interstate commerce. An NYC labor lawyer selects the appropriate forum based on the claim amount, the number of affected employees, and whether federal or state law is primary. Each court has distinct procedural rules, filing requirements, and case management practices. For example, the Southern District of New York has specific rules for collective actions under the Fair Labor Standard Act, including notice procedures and opt-in requirements. An NYC labor lawyer navigates these procedural complexities to protect your rights and advance your claim efficiently.

Litigation under the Fair Labor Standard Act involves discovery of employment records, payroll documents, time sheets, and communications regarding wage policies. An NYC labor lawyer uses discovery to obtain evidence that supports your claim and establishes the employer's knowledge of wage violations. Depositions of managers, payroll personnel, and other employees may provide testimony about wage practices and violations. Expert analysis of payroll data can demonstrate systematic underpayment or misclassification. An NYC labor lawyer presents this evidence at trial or in summary judgment motions to establish liability and support damages calculations.

You should consult an NYC labor lawyer if you believe your employer has violated the Fair Labor Standard Act or other wage and hour laws. Common situations include unpaid overtime, minimum wage violations, improper deductions, misclassification, and wage statement errors. If you have been terminated after raising wage concerns, you may have additional claims for retaliation. Employers should consult an NYC labor lawyer to audit compliance, correct policies, and defend against wage claims. The statute of limitations for Fair Labor Standard Act claims is typically two years for regular violations and three years for willful violations, so prompt action is important.

To support your wage claim, gather all relevant documentation including pay stubs, time sheets, employment contracts, email communications, and any written wage policies. An NYC labor lawyer uses this documentation to calculate damages and establish employer liability. If you kept personal records of hours worked, provide those as well. For employers, an NYC labor lawyer reviews existing payroll systems, employee files, and wage policies to identify potential violations and recommend corrective measures. Thorough documentation strengthens your position whether you are pursuing a claim or defending against one.