Helping Westchester County Understand Wage And Hour Mandates
Our team of attorneys at Gould & Berg LLP routinely represent employees and employers in matters involving claims that arise under the Fair Labor Standards Act and the New York State Labor Law. These claims typically involve wage and hour issues such as calculating minimum wage, overtime pay disputes, proper classification of workers as employees versus independent contractors, and proper classification of employees as exempt or non-exempt.
For Employees
Questions often arise as to whether you are receiving compensation consistent with the federal and state laws’ requirements. Issues of whether you are appropriately characterized as an employee or independent contractor can not only impact your rate of pay, but can also affect your ability to earn overtime, entitlement to benefits, and eligibility for unemployment. If you find that you are not being compensated minimum wage or paid for overtime, and you are not an employee who is considered “exempt” under the law, we can assist you in filing a claim with the appropriate agency or court to recover the loss. In many cases, additional penalties and attorney’s fees can also be recovered on your behalf.
For Employers
We will provide up front assistance and insight to employers so as to ensure compliance with the law from the outset and thereby minimize the risk of having an employee bring a legal claim for unpaid wages or overtime. With the ever changing legal landscape surrounding issues of minimum wage, overtime, employee versus independent contractor status, exempt versus non-exempt status, and other wage and hour related issues, many employers and business owners seek our assistance with the goal of navigating the pertinent provisions and ensuring practices that are consistent with an employer’s legal obligations. There are also strict reporting and record keeping requirements which the employer must comply with or face potential legal claims for failure to do so. We will provide you with important guidance in your employment practices in an effort to minimize the risk of claims.
Despite having believed they complied with the various wage and hour laws, employers may find themselves subjected to a claim filed by a current or former employee with the Department of Labor or in state or federal court. As with any legal claim, record keeping and developing a solid defense from the outset is critical. The attorneys at Gould & Berg will assist you in developing an effective strategy to defend the claim, resolve the litigation in a manner most beneficial to you, and minimize the risk of the employer having to pay damages in the form of wages, fines or even the employee’s attorney’s fees.
The Importance Of Knowing, Understanding And Following The Law
In the area of wage and hour matters, given the complex nature of wage and overtime laws under Federal and New York law, the importance of knowing and understanding these intricate and ever changing provisions cannot be stressed enough.
Employers who miscalculate OT, incorrectly characterize an employee as an independent contractor, or mislabel an employee as “exempt” can be subjected to monetary damages in addition to serious fines under the New York State Labor Law and the Fair Labor Standards Act. The employer could also be forced to pay the employee’s attorney fees if the worker is successful.
Contact Us At 914-397-1050
If you are an employee or an employer and you have questions or concerns about wage and hour issues, for example, whether or not you are required to pay or entitled to a certain minimum wage or overtime, contact us for legal guidance at the outset. For employers, now knowing you could be subjected to a large damage award in matters such as these, which often spans over many years of employment, is important to determine these issues now. In addition, our experienced team of attorneys can assist employees in filing claims and employers in defending claims brought before the New York State Department of Labor or in state or federal court.
