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Brooklyn Fair Labor Standards Act (FLSA) Lawyer
The Fair Labor Standards Act (FLSA) is a federal law that sets the standards for minimum wage, overtime pay, recordkeeping, and child labor regulations. Employers in Brooklyn, New York are required to adhere to these guidelines, which can often be complex and confusing.
If you believe your employer has violated the FLSA in any way, it is important to seek legal representation from an experienced employment and labor lawyer. Brooklyn overtime attorney and unpaid wage lawyer Nolan Klein has over 15 years of experience handling FLSA cases on behalf of both employers and employees.
Call +1 877.253.5406 or complete our online contact form to schedule a consultation.
Exempt and Non-Exempt Employees under the FLSA
One of the first things that most Brooklyn overtime attorneys and minimum wage lawyers will look at when evaluating an FLSA case is whether the employee in question is classified as exempt or non-exempt. This distinction can have a significant impact on an individual's rights under the FLSA.
Employees who may be considered exempt under the FLSA include:
Executive, administrative, and professional employees: These are typically salaried employees who perform a specific set of duties and responsibilities, such as managers, executives, doctors, or lawyers.
Outside salespeople: Employees who make sales while working outside of their employer's place of business.
Computer professionals: This includes workers in computer-related occupations, such as programmers or software engineers. These employees are often highly skilled and well-compensated, which may make them exempt under the FLSA.
Highly Compensated Employees: These are employees who earn a total annual compensation of at least $107,432, which may include bonuses and commissions.
FLSA Exempt employees are not entitled to overtime pay, whereas non-exempt employees are entitled to receive time-and-a-half for hours worked over 40 in a workweek. However, just because an employee is designated as "salaried" or holds a certain job title does not necessarily mean they are exempt from overtime pay. An experienced Brooklyn labor overtime lawyer like Nolan Klein can help determine if you have been incorrectly classified and pursue legal action against your employer if
Misclassification of Employees
In a bid to save money on overtime pay, some employers may deliberately misclassify employees as exempt when they are in fact non-exempt. This is illegal and violates the FLSA. Misclassification can occur due to a number of reasons, including ignorance of the law, intentional deceit, or confusion about job duties.
If you believe that you have been misclassified by your employer, it is important to seek legal counsel from an experienced labor overtime lawyer in Brooklyn. They can help review your job duties and determine if you should be receiving overtime pay.
Brooklyn Child Labor Regulations
The FLSA also includes regulations for child labor, aimed at protecting minors from working in hazardous or detrimental conditions. These regulations limit the types of jobs that minors can perform and restrict the number of hours they can work.
Minors under the age of 14 are generally not allowed to work, except in limited circumstances such as delivering newspapers or working on farms owned by their parents. Those aged 14-15 are only permitted to work outside of school hours and cannot exceed 3 hours on a school day or 18 hours in a school week. Additionally, they cannot work before 7:00 a.m. or after 7:00 p.m. during the school year.
Minors aged 16-17 have fewer restrictions but still cannot be employed in hazardous jobs such as mining or operating heavy machinery. They also cannot work more than 8 hours in a day or 40 hours in a week and must have at least 30 minutes of break time for every 6 consecutive hours worked.
If you suspect that your employer is violating child labor regulations, consult with an experienced employment lawyer immediately to protect the rights and well-being of minors in the workplace. Nolan Klein, a trusted labor overtime lawyer in Brooklyn, can help ensure that your employer abides by these important regulations.
Brooklyn, New York Minimum Wage Laws
In addition to overtime pay, it is important for employees in Brooklyn, New York to be aware of the minimum wage laws in their city. The current minimum wage in Brooklyn is $15.00 per hour.
However, there are some exceptions to this rule. For example, tipped employees may receive a lower minimum wage as long as their tips bring their total compensation up to the standard minimum wage rate.
It is also worth noting that the New York State Department of Labor periodically reviews and adjusts the minimum wage rates based on economic factors such as inflation. A minimum wage lawyer in Brooklyn can help you stay informed of any changes to the minimum wage in your city.
Brooklyn FLSA Violation Defense Lawyer
In addition to being one of the best overtime lawyers in Brooklyn, New York, Nolan Klein also specializes in defending employers against claims of Fair Labor Standards Act (FLSA) violations. Your defense options may include:
Proving that your employees are properly classified as exempt from overtime pay
Demonstrating that the employee agreed to work unpaid overtime hours
Providing evidence of a mistake or error in reporting hours worked
Showing that the employee was properly compensated for their overtime hours through alternative means, such as time off or bonuses
Nolan Klein can help you navigate these complex legal issues and build a strong defense against FLSA violation claims.
Contact Nolan Klein for Labor Law Assistance in Brooklyn, New York
If you are an employee seeking to enforce your labor rights, or an employer facing an overtime lawsuit or allegations of labor law violations, Nolan Klein is here to help. Call +1 877.253.5406 or contact us online to schedule a consultation.
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