Wage and overtime law is one of the most complex and challenging aspects of running a business. Employers must keep detailed and efficient records of hours worked. They must also pay nonexempt employees for overtime work unless they meet a full or partial exemption test.
Employees are entitled to overtime pay if they work more than 40 hours in a week or 44 hours for residential and live-in workers. However, some employers try to circumvent the rules.
Overtime
Overtime pay is a legal requirement for nonexempt workers, and employers must pay them 1.5 times their regular hourly rate for overtime hours worked in excess of 40 hours in a standard work week. State law differs from federal law in some respects, so employers should review their own labor laws carefully and consult with a New York overtime lawyer if they are unsure about what state or federal rules apply to them.
The Trump administration has changed the federal overtime rule, requiring salaried employees to be paid overtime if they make less than $684 a week or $35,068 a year, an increase from $455. The change falls short of the demand from many liberal lawmakers and labor groups for a higher threshold, but it is a significant step forward. The federal rule also maintains the existing exemptions for outside sales and computer employees, while introducing an exemption for highly compensated workers. A separate rule addresses special rules for those working at nonprofits.
Minimum wage
Workers have a right to be paid for all hours worked. This includes time spent in training, working from home, and travelling between work sites. Unless they are exempt, employees must be paid the federal minimum wage of $7.25 per hour, or the applicable state rate. If your employer fails to pay you the minimum wage, it is a violation of Federal employment laws. It is also illegal to retaliate against you for asking for more pay or filing a complaint.
The FLSA allows employees to file a civil lawsuit to recover unpaid wages, including liquidated damages and attorney’s fees. Our attorneys are experienced FLSA experts. We assist workers to collect their unpaid wages and ensure that their employers comply with the law. We can also help clients enforce the minimum wage laws in their states. Moreover, our lawyers can help their clients with wrongful termination claims. They can also assist with obtaining unemployment benefits.
Right to work
Right-to-work (RTW) laws prohibit employees from being required to pay union dues or agency fees as a condition of employment. These laws also prevent unions from using member funds to support political candidates or issues. The result is that unions must find alternative ways to raise money, such as charging non-members “fair share” fees that cover the costs of negotiating, contracting, and enforcing labor contracts.
The laws have had a negative effect on unions, which are less likely to exist in right-to-work states. They have also lowered wages for workers. Studies show that workers in RTW states have wages 3.1% lower than those in non-RTW states. The RTW movement is backed by wealthy corporations, such as the Koch brothers and the American Legislative Exchange Council, which pursue anti-worker political agendas.
Employers must comply with federal and state wage and overtime laws. Non-exempt employees must receive minimum wage and overtime pay for hours worked over 40 in a week.
Wage garnishment
Wage garnishment is a legal procedure that allows creditors to take money from your paychecks to pay debts. It is a type of debt collection that can be used by private creditors and even the IRS. The process usually involves a lawsuit and getting a court order. It is regulated by state and federal laws, including Title III of the Consumer Credit Protection Act. These laws limit how much a creditor can garnish from your wages and protects certain benefits, such as child support and tax payments.
While DeFusco’s research provides valuable information about how garnishment affects workers, more granular data is needed to help target regulations and provide better protections for workers. For example, researchers need to know more about how garnishment interacts with other factors, such as race, education, and neighborhood. Ultimately, both workers and employers stand to benefit from a richer understanding of wage garnishment.
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