Small business owners in New York are often so inundated with the day-to-day hustle of increasing revenue, marketing, and actually working, that they often overlook federal and state wage and hour laws. But be warned: failure to properly pay employees can significantly harm your business. However, a few simple pointers
Both the Fair Labor Standards Act (“FLSA”) and the New York Minimum Wage Act (“NYMA”) generally require the payment of overtime wages for work performed after 40 hours per week. For some general information on overtime and misclassification issues, please see our prior blog posts here, here and here. The
The Fair Labor Standards Act entitles nearly every employee to time and a half for hours worked over 40 in a workweek — including to people paid a salary rather than an hourly wage. Although research suggests that 80% of employees are entitled to overtime, about 70% of employers are
Most employees are entitled to receive one and a half (1½) times their regular hourly rate of pay for work performed in excess of forty hours per week. All time worked must be counted in calculating overtime including, all work activities and activities before and after a shift, as well
Independent Contractor or Employee? Far too often, employers erroneously misclassify individuals as independent contractors or employees. In an attempt to save money, many businesses use independent contractors to serve functions typically served by employees. Classifying someone as an independent contractor often means the business does not have to pay minimum
On June 18, 2012, the United States Supreme Court resolved a split between circuit courts and held that pharmaceutical sales reps engage in “sales” and therefore are exempt under the Fair Labor Standards Act (FLSA). Under the FLSA, “outside salespersons” are exempt from minimum wage and overtime. The issue for
The United States Department of Labor (“DOL”) recently announced that its “DOL-Timesheet” app was available for free download from Apple’s App Store. This complimentary app is available in English and Spanish and is compatible with the iPhone, iPod Touch and iPad. The DOL has also promised to explore the viability
No matter what, people have to eat. And restaurant employees will always be there to serve them. There are over 7 million people employed in restaurants in the United States, a large percentage of whom work in fast food establishments. These jobs are often very transient, and the fact is
I. Misclassification as Exempt Under the federal Fair Labor Standards Act (“FLSA”) some employees are exempt from receiving (or are not entitled to) overtime pay. However, unless you qualify for one of the overtime exemptions, it is likely your employer should be paying you one-and-one half times your regular rate
Failure to Pay Overtime Wages is illegal. Most employees are entitled to receive one and a half (1½) times their regular hourly rate of pay for work performed in excess of forty hours per week. All time worked must be counted in calculating overtime including, all work activities and activities
