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New York City Fair Labor Standards Act (FLSA) Lawyer

Employers in New York City and throughout the United States are required to follow the regulations set by the Fair Labor Standards Act (FLSA). This federal law establishes guidelines for minimum wage, overtime pay, recordkeeping, and child labor standards. The FLSA applies to most private and public employers and affects over 135 million workers in the nation.


Violation of the FLSA can result in severe penalties for employers, including back wages, liquidated damages, and even criminal charges. New York City FSLA overtime attorney and unpaid wage lawyer Nolan Klein helps both employers and employees navigate the complexities of this law.


Nolan has over 15 years of experience in employment law and handles different cases, including wage disputes, discrimination, harassment claims, and retaliation. He is dedicated to protecting the rights of his clients and ensuring that they receive fair compensation for their work. Call +1 877.253.5406 or complete our online contact form to schedule a consultation with New York Labor lawyer Nolan Klein.

New York Minimum Wage Requirements

The current federal minimum wage is $7.25 per hour for non-exempt employees. However, in New York City, the minimum wage is significantly higher. As of December 31, 2021, the minimum wage for non-exempt employees in New York City is $15.00. This applies to all industries, including fast food workers, tipped employees, and hospitality workers.

It is essential for both employers and employees to understand the minimum wage requirements in their city or state. Failure to comply with these regulations can result in significant penalties for employers and unpaid wages for employees. New York City minimum wage lawyer Nolan Klein helps both employers and employees ensure compliance with the law.

Overtime Pay in New York City


The FLSA also sets standards for overtime pay, which is paid at a rate of 1.5 times the employee's regular wage for all hours worked over 40 in a workweek. However, there are exceptions to this rule based on an employee's job duties and salary level.

In New York City, the overtime requirements are even more stringent. As of December 31, 2021, employees who make less than $58,500 per year must be paid overtime for all hours worked over 40 in a workweek, regardless of their job duties. This threshold will continue to increase every year until it reaches $58,500 in 2025.


NYC overtime lawyers often have to handle cases where employees are not receiving the proper overtime pay they are entitled to. This is mostly due to misclassification of an employee's job duties or salary level, resulting in them being incorrectly labeled as exempt from overtime pay.


Record-Keeping Requirements


In addition to complying with child labor laws and overtime pay requirements, employers in New York City must also keep accurate records of their employees' hours worked, wages earned, and other employment information. These records must be kept for at least six years and made available to employees upon request.


Employers who fail to keep accurate records can face penalties under the FLSA. They may also be subject to additional penalties under New York City labor laws, which require employers to provide employees with detailed statements of their work hours and wages earned each pay period.


New York City Fair Labor Standards Act Violations Defense


If an employer is found to be in violation of the FLSA or New York City labor laws regarding child labor, overtime pay, or record-keeping requirements, they may face serious consequences. This can include having to pay back wages and damages to affected employees, as well as being subject to fines and penalties.

Here are some possible defense options for New York overtime lawsuits, employee misclassification cases, minimum wage violations, and other FLSA or NYC labor law violations:

  • Employee Misclassification: If an employer can prove that an employee falls under one of the exemptions to overtime pay, such as being a salaried executive or administrative employee, they may not be liable for unpaid overtime.

  • Good Faith Defense: Employers who can show that they acted in good faith and had reasonable grounds to believe that their actions were in compliance with FLSA or NYC labor laws may have a defense against violations.

  • Small Business Exemption: Under certain circumstances, small businesses with less than $500,000 in annual sales may be exempt from some FLSA requirements.

  • Statute of Limitations: If the alleged violations occurred more than two years before a lawsuit is filed, the employer may have a defense based on the statute of limitations.

  • Settlement and Release: Employers may be able to settle FLSA or NYC labor law claims by offering a settlement to affected employees in exchange for their release of any further legal action.

  • Voluntary Correction Program: Employers who voluntarily correct violations and make restitution to affected employees within a certain timeframe may be able to avoid or reduce penalties.

  • Employee Waiver/Agreement: In some cases, employers may have a valid defense if an employee has signed a waiver or agreement that acknowledges their understanding and acceptance of the terms of their employment, including any potential FLSA or NYC labor law violations.


It is important for employers to consult with legal counsel when facing FLSA or NYC labor law violation claims.


Get Help from The Best Overtime Attorneys and Labor Lawyers in New York City


The law office of Nolan Klein specializes in FLSA and NYC labor law cases. Our team of experienced unpaid wage and overtime lawyers has a deep understanding of these complex laws and can provide expert legal guidance to both employers and employees. We have a track record of success in helping our clients navigate through FLSA and NYC labor law disputes.


Call +1 877.253.5406 to schedule a consultation.


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