A great many of our cases involve discrimination and retaliation. We are heavily involved in cases of discrimination based on race, disability, gender, national origin, and ethnicity.
Rights and Remedies under the Fair Labor Standards Act (“FLSA”)
Our firm assists employees in maintaining claims for unpaid overtime wages under the Fair Labor Standards Act (“FLSA”). The FLSA is a federal law which provides for a minimum wage, as well as rules on which employees are eligible to be paid overtime and under what circumstances. For more information on minimum wage in New Jersey, please see this website’s article on the New Jersey Wage and Hour Law.
Generally, employees are entitled to be paid 1½ times their normal hourly rate for any hours worked in excess of 40 hours per week. However, there are many exceptions to this rule, so that certain types of employees are exempt from overtime. For example, white collar employees are generally exempt from the FLSA’s overtime requirements. However, to qualify for exemption, a white collar employee generally must: (1) be salaried, meaning that they are paid a predetermined and fixed salary that is not subject to reduction because of variations in the quality or quantity of work performed (the “salary basis test”); (2) be paid more than a specified weekly salary level; and (3) primarily perform executive, administrative, or professional duties, as defined in the Department's regulations (the “duties test’). In addition, certain employees -- such as doctors, teachers, and lawyers -- are not subject to either the salary basis test or the salary level test.
Effective December 1, 2016, a new “Final Rule” per President Obama’s directive to the Secretary of Labor and Department of Labor to “update and modernize the overtime rules” will go into effect. The new rule will double the salary threshold for many white collar workers, and the salary threshold will automatically update every three years. The new “Final Rule” is expected to result in 4.2 million more Americans receiving federal overtime protections than at present, and increase wages for such workers by $12 billion over the next 10 years. (https://www.whitehouse.gov/blog/2016/05/18/email-vice-president-joe-biden-why-im-going-ohio-today).
The Final Rule will increase the annual salary limit for white collar workers (other than certain types of highly educated professionals, such as doctors, teachers and lawyers) to be eligible for overtime, from $455/week (or $23,660/yr.) to $913/week (or $47,476/yr.). The Final Rule may increase the number of employees covered by overtime regulations, but will not alter exemptions from overtime for certain positions, such as doctors, teachers and lawyers, regardless of their salary level. The new rule also continues the current exemption for certain highly compensated employees (“HCE”) who earn above a higher total annual compensation level, while increasing the annual salary level for the HCE exemption from $100,000 to $134,000, and requiring satisfaction of a minimal duties test.
Do you believe your employer has not paid you overtime? It’s important to act quickly to find out if you may have an overtime claim under the Fair Labor Standards Act. Since every situation is different, an experienced employment attorney can help you fully understand your rights under the Fair Labor Standards Act.
The attorneys at Hyderally & Associates are ready to help you. They have experience working with the Fair Labor Standards Act, so they can review your situation to provide information that will help you decide if you would like to pursue a claim against your employer under the Fair Labor Standards Act. Call an experienced employment attorney in New Jersey at (973) 509-8500.
This article is for informational purposes only. It does not constitute legal advice, and may not reasonably be relied upon as such. If you face a legal issue, you should consult a qualified attorney for independent legal advice with regard to your particular set of facts. This article may constitute attorney advertising. This article is not intended to communicate with anyone in a state or other jurisdiction where such an article may fail to comply with all laws and ethical rules of that state or jurisdiction.