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Denied Overtime Pay?
Posted:
Thursday, February 28, 2013 4:42 PM
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Federal Law and NY Law (New York Labor Law) govern an employee's compensation for wages related to hours worked. For example, NY maintains a minimum wage requirement. Generally speaking, employees must be paid for any "work time" - time spent on an activity that is performed for the benefit of the employer.
The Fair Labor Standards Act, FLSA, applies to "any individual employed by an employer" but not to independent contractors or volunteers because they are not considered "employees" under the FLSA. Still, an employer cannot simply exempt workers from the FLSA by calling them independent contractors, and many employers have illegally misclassified their workers as independent contractors. Some employers similarly mislabel employees as volunteers. Courts will look at the "economic reality" of the relationship between the putative employer and the worker to determine whether the worker is, in fact, an independent contractor. Courts use a similar test to determine whether a worker was concurrently employed by more than one person or entity; commonly referred to as "joint employers."
While employers may take the position that you are a "salaried employee" and therefore not entitled to overtime, the "test" for whether or not you are entitled to overtime is the degree to which your employer exercises control over you as their employee. The simple fact that your employer calls you a "salaried employee" does not necessarily mean that your employer is exempt from being required to pay you overtime. Further, simply because your employer tells you that you are "exempt," and therefore not entitled to overtime pay, does not necessarily mean that this is accurate.
If you are paid by the hour, you are almost certainly entitled to time-and-one-half pay for all hours worked over 40 (forty) in a workweek.
To find out whether you may have a claim against your employer, contact my Firm today.
http://www.laborattorneynewyork.com/
212-240-9465
1-877-219-0990
Michael J. Redenburg, Esq., PC
150 Broadway, Suite 808
New York, NY 10038
ATTORNEY ADVERTISING
The Fair Labor Standards Act, FLSA, applies to "any individual employed by an employer" but not to independent contractors or volunteers because they are not considered "employees" under the FLSA. Still, an employer cannot simply exempt workers from the FLSA by calling them independent contractors, and many employers have illegally misclassified their workers as independent contractors. Some employers similarly mislabel employees as volunteers. Courts will look at the "economic reality" of the relationship between the putative employer and the worker to determine whether the worker is, in fact, an independent contractor. Courts use a similar test to determine whether a worker was concurrently employed by more than one person or entity; commonly referred to as "joint employers."
While employers may take the position that you are a "salaried employee" and therefore not entitled to overtime, the "test" for whether or not you are entitled to overtime is the degree to which your employer exercises control over you as their employee. The simple fact that your employer calls you a "salaried employee" does not necessarily mean that your employer is exempt from being required to pay you overtime. Further, simply because your employer tells you that you are "exempt," and therefore not entitled to overtime pay, does not necessarily mean that this is accurate.
If you are paid by the hour, you are almost certainly entitled to time-and-one-half pay for all hours worked over 40 (forty) in a workweek.
To find out whether you may have a claim against your employer, contact my Firm today.
http://www.laborattorneynewyork.com/
212-240-9465
1-877-219-0990
Michael J. Redenburg, Esq., PC
150 Broadway, Suite 808
New York, NY 10038
ATTORNEY ADVERTISING
• Location:
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• Post ID: 36172458 newyork