Protecting Hourly and Salaried Workers' Rights
There are strict guidelines set by the courts and the Department of Labor governing how hourly and salaried employees are paid. Many employers illegally classify workers to avoid paying overtime. At Virginia & Ambinder, LLP, we have extensive experience with illegal employee classifications. We can help you take action against your employer if you have been illegally classified.
For two decades, our firm has been defending the rights of underpaid and mistreated workers. Our attorneys have represented thousands of hourly and salaried employees in wage and hour litigation, and we have served as class counsel in more than 50 class actions.
We represent hourly and salaried workers in all types of positions and fields. Contact us for a free initial consultation.
Knowing Your Rights as an Employee
The Fair Labor Standards Act (FLSA) mandates that most U.S. workers be paid at least the federal minimum wage and that they receive overtime pay at time and one-half their regular rate of pay for time worked in excess of 40 hours in a work week.
Section 13(a)(1) of the FLSA provides an exemption from overtime pay for executive, administrative, professional and outside sales employees. Section 13(a)(1) and Section 13(a)(17) also exempt certain computer workers. For employees to be exempt, they must meet certain requirements regarding their job duties and weekly salary.
Even if you are a salaried employee, you may not be exempt from overtime pay. We can help you determine your eligibility.
Many companies attempt to skirt around wage and hour laws by classifying employees as managers or independent contractors, even though they perform the same duties as hourly workers who are paid overtime. By labeling you as an independent contractor, your employer can get around paying you prevailing wages when you work on government projects.
Are You Being Cheated Out of Overtime Pay?
There are many ways employers unlawfully avoid paying overtime. For example, the time you spend before or after your shift putting on a uniform, picking up supplies and inspecting and maintaining equipment, tools and machinery may be considered working off the clock. Your employer may unlawfully deduct wages for lunch breaks and other mealtime periods, even if you work through them. Employers may illegally offer you "compensatory time" or "make-up time" in place of overtime pay. These payment schemes are unlawful and are used by employers to avoid paying you time and one-half for your overtime hours.
We are dedicated to holding employers accountable for unpaid overtime, and you can rely on us for aggressive representation. We will not charge you attorney fees unless we obtain a financial recovery for you.
Contact our skilled lawyers to discuss your case. Office hours for our New York City and North Plainfield, New Jersey offices are 8 a.m. to 6 p.m. weekdays. We accept weekend and late-evening appointments by prearrangement. Spanish, Polish and Cantonese language services are available.
