New York City Wage and Hour Lawyer

The Fair Labor Standards Act (FLSA) is the federal law that establishes minimum wage and overtime standards to protect employees in the private and public sectors. Under the FLSA, nonexempt employees are entitled to time-and-a-half compensation if they work more than 40 hours in a week.

According to New York City wage and hour attorney Derek T. Smith, Esq., employees alleging FLSA violations can sue their employers to recover back wages and liquidated damages for up to three years if the violation is found to be willful. An employee who wins a lawsuit can recover unpaid wages, unpaid overtime, liquidated damages, and reasonable attorney fees and costs.

Examples of FLSA violations

An employer who withholds overtime pay from a nonexempt employee is in violation of the FLSA. Specific examples of how employers violate FLSA include:

  • Forcing employees to pay them a percentage of their tips and or commissions
  • Classifying nonexempt employees as exempt or salaried
  • Having employees work off the clock
  • Paying below the federally mandated amount for overtime
  • Refusing to pay employees any wages at all
  • Deducting money from employee paychecks so that, after the deductions, the hourly rate averages to less than minimum wage
  • Paying wages with goods or services or compensatory time instead of money
  • Refusing to pay employees the minimum wage

If you suspect that your employer is cheating you out of your wages, contact the law offices of Derek T. Smith, Esq. and speak to an experienced New York wage and hour attorney.

Penalties for FLSA violations

The Department of Justice (DOJ) can bring criminal actions for willful FLSA violations. A violation is willful if it is deliberate, voluntary, and intentional. In addition, criminal lawsuits can be brought about by the Secretary of Labor for back wages or injunctive relief. Criminal penalties under the FLSA include:

  • A fine of up to $10,000 on the first conviction
  • A fine of up to $10,000, or a term of imprisonment of up to six months, or both, on all convictions after the first conviction

If you suspect that you are the victim of by FLSA violations, you should meet with a wage attorney in New York City as soon as possible.

Contact us

If you are owed unpaid overtime by your employer, speak with an experienced New York City wage attorney right away. The skilled attorneys at The Derek T. Smith Law Group, P.C., are ready to fight for and protect your rights. Our goal is to get the best possible results for you. Please feel free to contact Mr. Derek T. Smith, Esq. personally at the law firm of The Derek T. Smith Law Group, P.C. by calling our toll-free number 1-877-4NYLAWS today.