Wage and Compensation

Overtime Wage Payments.  The firm has substantial experience in representing employees in recovering overtime pay.  The regulations interpreting the federal Fair Labor Standards Act (FLSA) have undergone substantial changes in recent years.  Gangemi Law Firm, P.C. is on top of the latest developments under the FLSA, which requires employers to pay non-exempt employees at a rate of not less than one and one-half times their regular rate of pay for hours worked in excess of forty in a workweek.  The law does not protect all employees, however, since there are certain exemptions that apply based upon the type of work being performed and/or the type of business involved. In some instances, employers misclassify employees as "exempt" from the FLSA's coverage in order to avoid overtime pay obligations. Gangemi Law Firm, P.C. can evaluate whether you are, in fact, entitled to overtime payments and assist in recovering such amounts.

Minimum Wage Payments. Gangemi Law Firm, P.C. aggressively handles matters in which employees are denied minimum wage payments required by federal and state laws.  In some instances, employees may not even be aware that their effective hourly rate is less than the minimum wage such as when employers require them to pay for their own work supplies and uniforms.  Such conduct violates the Fair Labor Standards Act, which requires employers to pay their employees a minimum hourly rate of not less than $5.15.  (Under New York State law, the current minimum wage rate is higher). 

Unlawful Wage Deductions.  We assist employees in recovering amounts unlawfully deducted from their pay.  Under New York State law, employers are prohibited from making deductions from an employee's wages for such things as breakage or spoilage of materials.  In addition, the law prohibits employers from requiring that employees pay for such items by way of separate transaction.  The law only permits deductions from wages for limited purposes:  First, the deduction must be for the benefit of the employee and second, the employee must have agreed to the deduction in writing.  Unless these two requirements are met, the employer has violated New York State's unlawful wage deduction law.

Nonpayment of Wages.  Whether the obligation to pay wages, commissions or salary is based in contract or law, we aggressively pursue claims for failure to pay such amounts.


Call us at 212.425.0630 or contact us online to set up a consultation to discuss your legal options.