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Fair Labor Standards Act (FLSA) Wage Claims

New York Fair Labor Standards Act Attorney

Understanding the FLSA's Impact on New York Workers

The Fair Labor Standards Act of 1938 (FLSA) establishes federal standards for workers regarding minimum wage, overtime pay, record keeping, and child labor. Covered nonexempt employees are entitled to minimum wage not less than $7.25 per hour, and overtime pay at a rate of not less than 1 and ½ times the regular rate of pay for all hours worked after 40 hours in a workweek. In addition, it provides guidance and direction for child labor wherein, under most circumstances, an employee must be at least 16 years of age to work.

If your employee rights have been violated, contact our experienced New York FLSA lawyers today and schedule a free initial consultation. Our clients come to our firm from all over New York State and are ready to fight for you.

Key Provisions of the FLSA: Minimum Wage and Overtime

  • Minimum Wage - The federal minimum wage provisions are contained in the Fair Labor Standards Act (FLSA). The federal minimum wage is $7.25 per hour effective July 24, 2009. Most states, including New York and New Jersey, have minimum wage rates that track the federal rate. Where federal and state laws have different minimum standard wages, the higher standard applies. As of 2022, the minimum hourly wage in New York City is $15 per hour for all employers.
  • Overtime Pay - Unless exempt, employees covered by the FLSA must receive overtime pay for hours worked over 40 in a workweek at a rate not less than 1 and ½ times their regular rates of pay. A workweek is considered any fixed and regularly recurring period of 168 hours or seven consecutive 24-hour periods.
  • Hours Worked - The FLSA defines hours worked to include all the time during which an employee is required to be on the employer’s premises, on duty, or at a prescribed workplace. The FLSA does not require payment for time not worked, such as vacations, meals, sick leave or holidays. It also does not entitle employees to extra pay for weekend or holiday work.
  • Recordkeeping - The FLSA establishes that employers must keep adequate employee time and pay records.
  • Child Labor - The FLSA provides guidance and direction that ensures that work for children and teens is safe and does not jeopardize their health, well-being or educational opportunities. While there are limited exemptions, these "Child Labor Laws" generally set the minim age to work at 16.

Protect Your Rights with an Experienced FLSA Attorney

Navigating the complexities of the Fair Labor Standards Act (FLSA) can be challenging, but having an experienced attorney on your side can make all the difference. Our team at Schwartz Perry & Heller LLP is dedicated to helping employees in New York understand and protect their rights under the FLSA.

When you work with our FLSA attorneys, you can expect:

  • Thorough knowledge of FLSA regulations and exemptions
  • Personalized legal guidance tailored to your unique situation
  • Aggressive representation to fight for your rights
  • Transparent communication and regular updates on your case

Don't let wage and hour disputes go unresolved. 

Seek Legal Help from Our Skilled New York Wage & Hour Lawyers

If you believe your employer is violating FLSA regulations with regards to your wage and hours, you may want to consider conferring with a dedicated New York employment attorney. We will be pleased to speak with you about your concerns.

The initial interview will be free, as we do not charge a fee for the opportunity to determine whether we believe we will be able to help you and for you to decide whether you wish to invite us to do so.

If your employer is violating wage or hour laws, you may be able to file a lawsuit for unpaid wages. Contact our New York employment law attorneys today to learn how we can help!

Meet Our Team

Why Choose Schwartz Perry & Heller LLP?

  • 100+ Years of Collective Experience
  • Personalized & Compassionate Service
  • Award-Winning Legal Counsel
  • A Track Record of Success

Our Testimonials

Our Past Clients Speak to Our Experience
    "Always available, conscientious and extremely knowledgeable."

    Outstanding lawyer. Always available, conscientious and extremely knowledgeable. Excellent at following-up both with his clients and with opposing counsel. Regardless of the size of the case, Brian will put in the work and always treat his clients with the utmost professionalism and respect.

    - N.W.
    "I trusted them entirely."

    I received the most compassionate and professional assistance from SP&H. I felt that Mr. Heller truly cared about me and the situation I was in. He was able to be my voice during a difficult time. He responded promptly to any correspondence, took the time to explain to me any questions or concerns, and helped ease any kind of stress that I had during a dispute with a previous employer. I highly recommend this firm. You are not just a number, they treat you like family. I trusted them entirely. I thank you from the bottom of my heart for all of your devoted time and effort in my legal matter.

    - A.M.
    "Their integrity, personal attention, and knowledge are superior."
    Schwartz, Perry & Heller, LLP are the most skilled Lawyers for your discrimination case in the Tri-State area. Their integrity, personal attention, and knowledge are superior. They won my case and can win yours. Nothing beats the best.
    - D.K.
    "Caring, smart, highly skilled negotiators"
    Davida Perry and Brian Heller are very caring, attentive and highly skilled negotiators who gave me expert representation to win my negotiation and achieve my goals.
    - D.
    "Words are inadequate to express how truly grateful I am to Schwartz & Perry, especially Brian Heller for his help."
    Words are inadequate to express how truly grateful I am to Schwartz & Perry, especially Brian Heller for his help. I first met Mr. Schwartz and Brian Heller a few years ago when I was working at an international firm in an IT role when I contacted them for the free consultation because I felt that I was being setup to be fired. I knew I was being treated unfairly by my manager. I felt utterly helpless and had no idea who to turn to. After meeting with Mr. Schwartz and Brian Heller, I came to understand that the unfair treatment I endured was actually discrimination. They counselled me through being fired and negotiating a settlement; an extremely upsetting and exhausting experience. They explained the rules of employment law while treating me with dignity and kindness. Due to the skill and knowledge of these attorneys, I received a substantial settlement and was able to move on to another company with my self-respect intact and without the financial hardship that would have resulted from losing my job. They also ensured that this employer could not damage my reputation going forward with future employers. Recently, when I had another issue with a different employer; I called Brian Heller right away. I knew that Brian, being extremely well versed on the latest employment laws, would be able to help me. Brian carefully guided me and I was able to “ride the wave” of unprofessionalism and threats of litigation coming my way from my former employer’s attorney. My former employer thought that they could bully and frighten me into staying with them longer so that my new job opportunity would no longer be available, and then they could let me go when it was convenient for them - and I’d be out of work. They didn’t know that I have a Secret Weapon – Brian Heller! Once Brian was on the case, those threats ceased and I was able to accept my new wonderful job and leave the worry and stress behind. I highly recommend Brian Heller and Schwartz & Perry as a firm. Over the years Brian has always treated me with kindness and respect and I have peace of mind because I have someone I trust who is on my side, who can guide me and who is willing and extremely capable of protecting my rights.
    - Former Client
    "From day 1 of the consultation to the very end I felt like the most important client to the firm."
    Amazing team of Attorneys. From day 1 of the consultation to the very end I felt like the most important client to the firm. Brian Heller who I dealt with personally was amazing. Whether it was a call or email responses were very prompt and I was kept informed every step of the way. Even a few calls just to check in and say hello. Truly an incredible experience and I would recommend them to anyone seeking justice. If they take your case they will fight with you to the end. A+
    - D.W.
    "We remain tremendously grateful for his support and look forward to working with him again."
    On short notice, Brian Heller reviewed contracts with complex international dimensions and found important discrepancies that I and other senior-level executives had missed completely. He was fast, thorough, and detail-oriented in providing pragmatic advice that enabled us to be sure that we were getting the fairest and best possible treatment under the law. We remain tremendously grateful for his support and look forward to working with him again.
    - Eric
    "Davida Perry not only did an amazing job calming down my nerves but she fought for me tooth and nail and did a great job securing what my past employer owed me."
    After having a terrible experience at my last job, facing the anxiety again of having to rehash the treatment was daunting. Davida Perry not only did an amazing job calming down my nerves but she fought for me tooth and nail and did a great job securing what my past employer owed me. I won’t lie, there were moments I wanted to give up, but Davida was always there to help me stay focused and realize that I didn’t need to let them win. She was really great at countering all of their arguments, I pity anyone that would try to prove her wrong. She thought of everything we need and kept me constantly updated. Mostly what I appreciated about Davida was her kindness, and her genuine care for my mental health. She wanted to make sure I was taking care of myself during a very trying time. I cannot recommend this firm enough. They all clearly care about their clients and want to do best for you. Don’t be afraid to stand up for yourself, and if you’re worried about the challenges that lie ahead be sure to team with Schwartz Perry & Heller, they will have your back and fight for justice.
    - T.B.