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The employment law attorneys at Zamansky LLC are committed to fighting for the rights of employees working throughout the securities industry. Our employment law and securities fraud law firm represents employees in wage and hour claims brought against their employers. These cases include overtime compensation and minimum wage violations by employers under the federal Fair Labor Standards Act (FLSA) and various state wage and hour laws.
Fair Labor Standards Act (FLSA)
The Federal Fair Labor Standards Act (FLSA) requires employers to pay employees minimum wages and overtime compensation. Under the Act, covered employees must be paid at least one and one-half times their regular pay rate for hours worked in excess of 40 during an individual workweek.
The FLSA includes an exemption from both the minimum wage and overtime compensation requirements for employees who are bona fide executive, administrative, professional and outside sales employees. Commissioned sales employees of retail or services establishments and certain computer employees are also exempted under the Act.
An employee’s job title is not determinative of his or her exempt status. Rather, in order for an exemption to apply, the employee’s job duties and salary must meet all Department of Labor tests and requirements under the Act. FLSA exemptions are narrowly construed and the employer has the ultimate burden of proving that an employee falls within the particular exemption.
Wage and Hour Violations
Although the FLSA and various state laws and regulations are designed to protect the rights of workers, wage and hour violations are still all too common today. These violations can occur where an employer attempts to deliberately take advantage of the exemptions provided under the law, such as where an employer misclassifies an employee as exempt in order to avoid paying overtime. Violations can also result from an employer’s negligent or careless accounting and recordkeeping practices.
Wage and hour cases typically involve a range of employer violations, including:
- Failure to pay or miscalculation of overtime payments
- Minimum wage violations
- Misclassification of employees as exempt from overtime payments
- Misclassification of employees as independent contractors
- Failure to pay employees for “off-the-clock” work
- Failure to provide rest periods and meal breaks
Individual employees who believe that an employer has committed a wage and hour law violation are permitted to file suit directly against the employer. Where a group of employees have been subjected to wage and hour violations, the employees may be eligible to file an FLSA collective action. Under the FLSA, employees who are “similarly situated” are permitted to join their individual claims into a collective action lawsuit.
The laws governing the employer and employee relationship are complex. It is imperative to have a knowledgeable legal representative who can explore all effective options for resolving your issues.
- Jacob H. ZamanskyOur Employment Law and Securities Arbitration Attorneys Can Help
The attorneys at Zamansky LLC have extensive experience representing securities industry professionals who have been subjected to employer violations under the Fair Labor Standards Act (FLSA) and various state wage and hour laws. Our legal team has extensive knowledge of the securities industry and the laws governing wage and hour claims. We are committed to helping individual workers and groups of employees recover unpaid wages and overtime compensation from their employers.
If you believe that you may have a wage and hour claim against your employer, please contact our employment law and securities fraud law firm today by completing our online contact form or calling 212-742-1414.