Are You Eligible for Overtime Pay in New York?

The Fair Labor Standards Act (FLSA) automatically qualifies certain types of workers who meet overtime pay requirements for guaranteed overtime for all hours worked over 40 in a single week (or daily overtime limits set by New York overtime laws). If your work involves manual labor (such as construction worker, factory attendant, cashier, etc.) you most likely fall within the protections of overtime law.

Additionally, certain specific job positions such as first-responders, police, paramedics, and firefighters, are specifically offered overtime protection under the FLSA as well as practical nurses and paralegals, who would otherwise fall under the exempted category. These specific protections are in place because these particular professionals often endure long hours of work, and may be otherwise exploited or overworked by their employers.

Overtime Exemptions in New York State

Overtime laws in New York State are designed to prevent workers from being exploited by their employers. Hourly wage earners are the primary protected group. Because of the nature of the work environment and working hours required by certain careers, there are a wide variety of specific exemptions to New York overtime eligibility. Out of an estimated 120 million workers in America, almost 50 million are exempt from overtime laws, including:

  • Executives, administrators, and other professionals earning at least $455 per week do not have to be paid overtime under Section 13(a)(1) of the Fair Labor Standards Act.
  • External salespeople (who often set their own hours) are also exempted from NY overtime requirements, as are some types of computer-related workers.
  • Independent contractors, who are not considered legal employees, are also exempt from overtime law.
  • Other exempt positions include some transportation workers, certain agricultural and farm workers, and some live-in employees such as housekeepers.

In order to determine if a job is exempt from overtime, the FLSA provides a series of tests to determine the overtime eligibility of an employee based on pay rate, working conditions, skill level, and other factors.

If your job position does not fall into one of the four main exemption categories to overtime law (executive, administrative, professional, and outside sales) your job is eligible for overtime protection under New York and Federal overtime law. Your employer is required by law to pay you an overtime premium for all qualifying overtime hours worked.

If your employer owes you overtime pay, or if you are unsure about your eligibility, an New York employment attorney will work with you to ensure you receive your fair wages for all hours worked. A skilled employment attorney can afford you the representation you deserve and ensure your legal rights are protected.

Army Found to Have Unlawfully Discriminated Against Transgender Employee

In a recent groundbreaking decision announced on October 23, 2014, the United States Office of Special Council found that the United States Army discriminated against a transgender civilian worker who transitioned from male to female.

According to the report, the employee, a disabled vet, was working in the U.S. Army Aviation and Missile Research, Development and Engineering Center (“AMRDEC”) in Redstone, Alabama, when she transitioned from male to female in 2010.

During that time, the Office of Special Council found that her employer engaged in a several discriminatory practices including, improperly restricting her restroom usage, referencing her with male pronouns, excessively monitoring her conversations with coworkers, and not giving her work. Read more

Employee or Independent Contractor? How Some Employers Are Committing Wage Theft

A September 1, 2014 report by the New York Times, revealed an increase in lawsuits across the nation, charging various employers of violating minimum wage and overtime laws. Some of the allegations include erasing work hours and wrongfully taking employees’ tips.

Both federal and state officials argue that more companies are violating wage laws than ever before.  Officials speculate that these violations are motivated by competition and higher profits. However, another argument supposes that the structure of these businesses essentially incentivizes wage theft due to their organizational structure.

For example, the labor department argues that the increased use of franchise operators, subcontractors, and temp agencies leads to more employers being squeezed on costs and more cutting corners. As a result, the companies on top can deny any knowledge of wage theft. Read more

LinkedIn to Pay Millions for Overtime Labor Violations

The popular professional social media networking service, LinkedIn, has recently agreed to pay almost $6 million in unpaid wages and damages to 359 current and former employees.

According to the U.S. Department of Labor, an investigation found LinkedIn Corp. in violation of overtime and record-keeping rules pursuant to the federal Fair Labor Standards Act (FLSA). It said the violations occurred at company branches in California, Illinois, Nebraska and New York.

Federal law requires that hourly employees get paid 1.5 times their regular hourly rates for hours they work beyond 40 per week. The California based company expressed its intent to work closely with the DOL. Representatives for the company maintain that the violations stemmed from a smaller division of the company not having the right tools in place needed to track hours properly. LinkedIn further maintained that it had begun addressing the situation before the Department of Labor got involved. Read more

New Bill to Tighten Restrictions on Employer Inquiry into Applicant Criminal Record

A new NYC Council bill proposes barring employers from asking job candidates if they have a criminal record, or have ever been convicted of a crime, and is expected to become law in New York City very soon.

The ‘Ban the Box’ bill would will essentially prohibit the widely used “check boxes” on job applications that ask about past convictions. Furthermore, the new legislation would prohibit employers from inquiring about an applicant’s criminal record until a conditional job offer has been offered.

A number of states have similar laws. For example, New Jersey’s recently passed a box-banning law that applies to businesses with 15 or more workers. According to sources, New York City will adopt a similar proposal and the law will likely apply to business with four or more employees.

Currently, an employee can legally reject an applicant because of a past conviction.  However, they must go through a mechanical process that, if not properly followed, is likely to result in unlawful discrimination.  Read more

Victims of Unfair Wage and Benefit Practices See Increased Effort by State of New York

Already in the first half of this year (2014), the New York Department of Labor has recovered and dispersed over 16.4 million in wages, interest, and damages, on behalf of workers who were improperly subjected to unfair wages and insufficient benefits.

According to the Department of Labor (DOL), officials have completed approximately 5000 cases in 6 months alone, representing a nearly 50% increase from the amount of cases completed within the same time frame last year. Furthermore, disbursements of monies and benefits that were found to be unfairly withheld have increased by 16%. Generally, these case investigations  centered around accusations of fraud, unpaid wages, misclassification of employees, unemployment benefits, insufficient pay, minimum wage violations and much more.   Read more

New York Annual Wage Notice Requirement to be Discarded

New York’s annual wage notice requirement has been discarded, however other employee protections are in the process of being strengthened

Beginning in 2015, New York employers will no longer be required to provide annual wage notices to existing employees.

The annual Wage Notice duty was imposed on employers as part of the Wage Theft Prevention Act (WTPA or Act), passed in 2010 to remedy supposed abuses of the state’s wage payment laws.

In particular, the WTPA required that all NYS employers provide written notice to existing employees detailing certain wage-related information between the time frame of January 1 and February 1 of each year. This notice required employers to provide information to their employees such as the basis for the employee’s pay rate, whether the employer intended to claim an allowance, the employee’s regular payday, and identifying information about the employer. Read more

Understanding Wrongful Termination

Many circumstances can result in the termination of employment. A firing is often a traumatic and destabilizing event. While these unfortunate occurrences may seem untimely, unfair, and unsubstantiated; the termination may not always qualify as “wrongful.”

What is Wrongful Termination?

Wrongful termination refers to a fired employee’s claim that the firing breached an employment contract, policy or public law. As such, in order to prevail in a lawsuit against your employer for wrongful termination, you must prove that your firing violated your contract, company policy, or law. Read more

Rights of Pregnant Workers Clarified by the EEOC

In an effort to emphasize the fact that employers are legally prohibited from discriminating against workers because of past, present, or future pregnancies, the Equal Employment Opportunity Commission (EEOC) recently introduced new enforcement guidelines on pregnancy discrimination in the workplace. This is the first time the guidelines have been updated since 1983.

Prompted by an increase in the filing of pregnancy discrimination complaints over the last decade, and the correspondingly high number of legal defeats dealt to employer defendants, the EEOC developed the new guidelines to provide clarification about the applicable rules pertaining to the Pregnancy Discrimination Act and the Americans with Disabilities Act. Read more

NY Attorney General Addresses Job Recruitment Discrimination

Discrimination at work can often manifest itself well before a job seeker has had the opportunity to even secure full- or part-time employment.

Recently, the Office of the New York Attorney General, Eric Schneiderman, came to a series of agreements with five New York City-based employment agencies in an effort to resolve allegations of unlawful discrimination and predatory business practices.

The five agencies — Sunset Employment Services, Rivera Employment Agency, Patricia Employment Agency, United Employment Agency and Excellent Employment Agency —  were charged with allegedly targeting Spanish-speaking job seekers whom they unlawfully steered away from high-paying jobs and unlawfully referred them to employment positions paying a mere $3.75 per hour. Furthermore, the agencies also allegedly charged job seekers excessive referral fees and failed to provide refunds of advance fees. Read more