Overtime Pay, Wages and Compensation

The law applicable to the payment of wages and compensation is constantly changing.  In addition to the discussion below concerning this practice area, we invite you to visit our New York Employment Attorney blog for updates in the law concerning the area of wages, compensation and overtime pay.

Overtime Wage Payments.  The firm has substantial experience in representing employees in recovering overtime pay under New York and federal law.  The regulations interpreting the federal Fair Labor Standards Act (FLSA) have undergone substantial changes in recent years.  Murtha Cullina LLP 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. Murtha Cullina LLP can evaluate whether you are, in fact, entitled to overtime payments and assist in recovering such amounts.

Minimum Wage Payments. Murtha Cullina LLP 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 and the New York Minimum Wage Act.  As of December 31, 2016, the New York State basic hourly minimum wage is $9.70.  However, there are different minimum wage rates for the fast food industry; Nassau, Suffolk and Westchester Counties, and large and small employers in New York City.  These rates can be viewed at the New York State Department of Labor website.

In addition, the New York Department of Labor has issued wage orders for specific industries. Those orders may be downloaded from the New York State Department of Labor website.

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.  Our firm recently litigated issues relating to New York's wage deduction law before the New York State Court of Appeals -- New York's highest court.  We are pleased to say that we "made" law in the area of employee coverage.  Our efforts resulted in the New York Court of Appeals recognizing that all employees, including highly compensated individuals, are protected by the statute.

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.