New York Fair Labor Standards Act Attorney
What Does the FLSA Do?
The Fair Labor Standards Act of 1938 (FLSA) establishes federal standards for workers regarding minimum wage, overtime pay, record keeping, and child labor. Covered nonexempt employees are entitled to minimum wage not less than $7.25 per hour, and overtime pay at a rate of not less than 1 and ½ times the regular rate of pay for all hours worked after 40 hours in a workweek. In addition, it provides guidance and direction for child labor wherein, under most circumstances, an employee must be at least 16 years of age to work.
If your employee rights have been violated, contact our experienced New York FLSA lawyers today and schedule a free initial consultation. Our clients come to our firm from all over New York State and are ready to fight for you.
Main Components of the FLSA
- Minimum Wage - The federal minimum wage provisions are contained in the Fair Labor Standards Act (FLSA). The federal minimum wage is $7.25 per hour effective July 24, 2009. Most states, including New York and New Jersey, have minimum wage rates that track the federal rate. Where federal and state laws have different minimum standard wages, the higher standard applies. As of 2022, the minimum hourly wage in New York City is $15 per hour for all employers.
- Overtime Pay - Unless exempt, employees covered by the FLSA must receive overtime pay for hours worked over 40 in a workweek at a rate not less than 1 and ½ times their regular rates of pay. A workweek is considered any fixed and regularly recurring period of 168 hours or seven consecutive 24-hour periods.
- Hours Worked - The FLSA defines hours worked to include all the time during which an employee is required to be on the employer’s premises, on duty, or at a prescribed workplace. The FLSA does not require payment for time not worked, such as vacations, meals, sick leave or holidays. It also does not entitle employees to extra pay for weekend or holiday work.
- Recordkeeping - The FLSA establishes that employers must keep adequate employee time and pay records.
- Child Labor - The FLSA provides guidance and direction that ensures that work for children and teens is safe and does not jeopardize their health, well-being or educational opportunities. While there are limited exemptions, these "Child Labor Laws" generally set the minim age to work at 16.
Call Our Experienced FLSA Attorneys for Legal Guidance
If you believe your employer is violating FLSA regulations with regards to your wage and hours, you may want to consider conferring with a dedicated New York employment attorney. We will be pleased to speak with you about your concerns.
The initial interview will be free, as we do not charge a fee for the opportunity to determine whether we believe we will be able to help you and for you to decide whether you wish to invite us to do so.
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