Wage And Hour Law (FLSA) Advisement

Our labor and employment law attorneys work to ensure that employees are paid the full compensation due to them and that employers are in compliance with all state and federal wage and hour laws.

When a wage and hour dispute arises, we can help negotiate a fair settlement.

Representing Employers And Employees

The New York employment lawyers of Pitta LLP have extensive knowledge of the federal Fair Labor Standards Act (FLSA), as well as all state and local wage and hour laws. We represent employees in negotiations for full and fair compensation in wage and hour disputes, including claims for unpaid overtime.

We also advise employers with regard to legal compliance and proper accounting and record-keeping. These services help employers mitigate risk and ensure that employees are properly paid.

Responsibilities Of Employers Under FLSA And New York Law

Employers must navigate complex federal and state requirements to maintain legal compliance and protect their workers’ rights. Understanding these obligations helps prevent costly violations and creates fair workplace environments for all employees.

Key employer obligations include comprehensive compliance across multiple areas:

• Accurate record keeping: Maintaining detailed documentation of work hours, compensation paid and employment-related information for all covered workers according to federal and state specifications
• Proper employee classification: Determining the correct exempt or nonexempt status for overtime eligibility based on job duties, salary levels and other regulatory criteria established by law
• Wage payment requirements: Distributing compensation according to established schedules and methods that meet both federal FLSA standards and New York state payment regulations
• Complying with minimum wage laws: Providing compensation that meets or exceeds applicable federal, state and local minimum wage rates for all covered employees
• Overtime pay: Calculating and paying time-and-a-half compensation for hours exceeding 40 per workweek as required under federal law and applicable state provisions
• Providing required breaks: Offering meal periods and rest breaks according to New York state requirements, which differ from federal standards that do not mandate such breaks
• Avoiding illegal deductions: Preventing unauthorized wage reductions that would bring employee compensation below minimum wage or violate state restrictions on permissible deductions
• Notice and posting requirements: Displaying current wage and hour law notices in accessible workplace locations where employees can review their rights and employer obligations
• Complying with paystub requirements: Furnishing detailed pay statements containing all information mandated by New York law, including hours worked, rate of pay and deduction details
• Avoiding retaliation: Protecting employees who exercise their rights under wage and hour laws from adverse employment actions or discriminatory treatment

These responsibilities require ongoing attention as laws evolve and enforcement priorities shift at both federal and state levels. Employers benefit from regular compliance reviews and legal guidance to maintain proper practices while avoiding potential violations that could result in significant financial penalties and legal exposure. Proactive compliance efforts often prove more cost-effective than reactive measures following government investigations or employee complaints.

Common Wage And Hour Violations In New York

We protect employees who encounter these issues with their employers:

• Unpaid overtime: Employer refuses to pay 1.5 times your regular rate for any hours worked over 40 in a single workweek.
• Illegal tip pooling: Employer takes a cut from the employee tips or forces tipped hospitality workers to share with ineligible management or nonservice staff.
• Off-the-clock charting: Some hospitals implement policies that force nurses and medical staff to complete charting after their shifts to avoid overtime.
• Break violations: Supervisors prohibit sales associates from taking mandated meal periods or pressure them to work during break times to meet targets.
• Withheld overtime pay: Domestic workers face unjust compensation, as their employers believe they are not entitled to overtime.
• Worker misclassification: Employers in the construction and delivery industries purposefully misclassify employees to avoid paying overtime wages.
• Inconsistent pay frequency: Manual workers are legally entitled to receive their full wages on a weekly basis, and paying them biweekly violates New York’s frequency-of-pay laws.
• Prevailing wage theft: Contractors of public work projects steal the prevailing wages entitled to construction workers.

You deserve to have your hard-earned wages. If your employer refuses to pay after discussing the issue with them, we are here to help you fight back.

For over 40 years, we have helped several unions that want to have fair employment practices in New York and New Jersey. Our team of employment attorneys wants to be your legal advocates in holding negligent employers accountable for their mistakes.

Contact The Firm

If you believe you have a wage and hour claim under New York state law or federal law, or if you are an employer who wants to ensure compliance with the law, please contact our offices in New York City to learn more about your legal options. Our attorneys can be reached by email or by phone at 212-257-3973.