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Queens New York Fair Labor Standards Act (FLSA) Lawyer
Queens, New York employers are required to comply with the Fair Labor Standards Act (FLSA) regulations regarding minimum wage, overtime pay, recordkeeping, and child labor. This can be a complex area of law, leading to potential violations by employers.
If you believe your employer has violated any FLSA guidelines, it is important to seek the help of an experienced FLSA labor lawyer. Queens overtime attorney and unpaid wage lawyer Nolan Klein has been representing both employers and employees in FLSA cases for over 15 years. He also offers defense services for employers who are facing accusations of FLSA violations.
Call +1 877.253.5406 or complete our online contact form to schedule a consultation with Nolan Klein today.
What Does the Fair Labor Standards Act (FLSA) Mean to Queens Employees and Employers?
The Fair Labor Standards Act (FLSA) has different components that apply to both employees and employers in Queens, New York. These include minimum wage laws, overtime pay, recordkeeping requirements, and child labor restrictions.
The current minimum wage in Queens, New York is $15.00 per hour for businesses that employ 11 or more employees. This minimum wage applies to most employees, with some exceptions such as tipped workers, youth workers, and certain exempt employees. The minimum wage will continue to increase over the next few years according to a state-wide plan. If you believe you are not being paid the minimum wage you are entitled to, it is important to consult with an experienced FLSA minimum wage
lawyer like Nolan Klein.
The FLSA requires employers to pay employees at least 1.5 times their regular rate of pay for any hours worked over 40 in a workweek. This applies to most employees, with some exemptions for certain professions and job duties. Overtime lawyers in Queens usually assess the total compensation received by an employee for a given workweek to determine if they have been paid correctly. An overtime lawsuit may be filed if an
employee is not properly compensated for overtime hours worked.
Employers are required to keep accurate records of all hours worked and wages paid to employees. These records must be kept for at least three years and include information such as employee name, occupation, hours worked each day, total weekly hours, pay rate, and wages earned.
What Can Employees Do If They Believe Their Rights Have Been Violated?
If an employee in Queens believes that their rights under the FLSA have been violated, they may file a complaint with the Wage and Hour Division of the U.S. Department of Labor or bring a private lawsuit against their employer. In either case, it is beneficial to consult with an experienced employment, overtime attorney, or unpaid wage lawyer
who can provide guidance and assist in the legal process.
Defense Options in a Queens, NY Overtime Lawsuit and Other Wage and Hour Claims
In an overtime lawsuit filed under the FLSA, employers may have several defenses that they can use to avoid liability. Your Fair Labor Standards Act defense attorney will be able to assess your case and help determine the best defense strategy. Some common defense options in Queens, NY overtime lawsuits and other wage and hour claims include:
The employee is exempt from overtime requirements: Employers may argue that their employees are exempt from FLSA's minimum wage and overtime provisions because they fall under certain exemptions, such as the executive, administrative, professional, or outside sales exemption.
The employee was properly compensated for all hours worked: Employers may claim that they have accurately recorded all hours worked by the employee and properly paid them for any overtime worked.
The employee's work falls under an exception: Certain occupations or industries may be exempt from FLSA regulations, such as seasonal amusement or recreational establishments.
The employee was an independent contractor: Employers may argue that the worker was not a traditional employee and therefore not entitled to FLSA protections, such as overtime pay.
The statute of limitations has expired: Under the FLSA, employees have two years (three years for willful violations) from the date of their employer's initial violation to file a lawsuit. If the time limit has passed, employers can use this as a defense against liability.
While these are some common defenses used by employers in Queens, NY, it is important to note that each case is unique and requires careful evaluation by an experienced labor attorney. Overtime lawyers play a crucial role in helping employees navigate the complexities of wage and hour laws and can help ensure that their rights
Talk to One of Queens' Best Labor Rights and Overtime Attorneys
Nolan Klein is a seasoned labor and employment attorney who has successfully represented employees in wage and hour disputes, including claims for unpaid overtime, minimum wage violations, and misclassification. With his extensive knowledge of state and federal labor laws, he can help determine if your employer has violated your rights under the FLSA and seek justice on your behalf.
Call +1 877.253.5406 or complete our online contact form to schedule a consultation.
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