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NEW YORK CITY:
800 Third Ave. 13th Floor
New York, NY 10022
Phone: 212.605.6200
Fax: 212.605.6290

NEW YORK:
42 Park Place
Goshen, New York 10924
Phone: 845.294.2002

NEW JERSEY:
Quakerbridge Executive Center
101 Grovers Mill Road,
Suite 105
Lawrenceville, NJ 08648 Phone: 1.800.575.9707
Fax: 609.720.0457


Fair Labor Standards Act

Have you been cheated out of fair wages and overtime?
Fair Labor Standards Act
The Fair Labor Standards Act [FSLA] was enacted in 1938 to address the subject of minimum wage, the provisions of the Equal Pay Act, child labor laws, and overtime rules.

Using the following practices, employers commonly avoid paying fair wages and overtime:

Working off the clock
An employer cannot make an employee work on his own time without compensation. In addition, refusing to pay an employee for taking work home, working through lunch, working after being clocked out, are all violations of the FSLA

Misclassifying workers as exempt from overtime
The only employees exempt from overtime are high-level, executive administrative and professional jobs. Some companies intentionally misclassify workers by assigning titles that sound managerial but do not reflect the actual job. A typical example is when a store clerk is “promoted” to assistant manager, and then denied overtime because of managerial status even though their duties remained essentially the same.

Denying a worker overtime, because it wasn’t approved in advance
FLSA employment law stipulates that as long as your employer benefits from your overtime work, you must be paid for it. If you earned but were not paid overtime, your employer maybe in violation of the FSLA.

Paying an employee "straight pay” for overtime work
Eligible employees must be paid time and a half for every hour of overtime worked. Paying regular wages for overtime is neither sufficient nor legal and constitutes a clear violation of the FSLA.

Failure to count all hours worked.
Some employers do not give workers a full 30-minute lunch break or do not compensate for them for time spent traveling on the job. If your employer has failed to properly pay you for all hours worked, your employer may have violated FLSA overtime laws.

If you believe your employer is cheating you out of your wages and is in violation of the Fair Labor Standards Act, do not hesitate to call.


For more information contact
Diane Paolicelli
1.212.605.6200

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This website is designed for informational purposes to educate people about what they can do in the face of personal injury. If you have been harmed because of the actions of others, remember, the size of a legal opponent does not matter, you have rights.