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Minimum Wage/Unpaid Overtime Claims

 

The Fair Labor Standards Aact (FLSA) establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments. Covered nonexempt workers are entitled to a minimum wage of not less than $7.25 per hour effective July 24, 2009. Overtime pay at a rate not less than one and one-half times the regular rate of pay is required after 40 hours of work in a workweek.

  • FLSA Minimum Wage: The federal minimum wage is $7.25 per hour effective July 24, 2009. Many states also have minimum wage laws. In cases where an employee is subject to both state and federal minimum wage laws, the employee is entitled to the higher minimum wage.
  • FLSA Overtime: Covered nonexempt employees must receive overtime pay for hours worked over 40 per workweek (any fixed and regularly recurring period of 168 hours — seven consecutive 24-hour periods) at a rate not less than one and one-half times the regular rate of pay. There is no limit on the number of hours employees 16 years or older may work in any workweek. The FLSA does not require overtime pay for work on weekends, holidays, or regular days of rest, unless overtime is worked on such days.
  • Under New York State Law, the minimum wage is also $7.25, however, unlike the FLSA the NY Wage Theft Prevention Act, you are allowed to recover for up to six years of unpaid wages, unlike the FLSA which only looks back three years of unpaid wages.

 


The attorneys of the Terc Law Office, P.C. serve the entire New York City metro area, including but not limited to Astoria, Woodside, Jackson Heights, Flushing, East Elmhurst, Long Island City, Queens County, Brooklyn, Manhattan, Staten Island, Bronx, Yonkers, Nassau County, Suffolk County, and Westchester County, NY



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