Whether you’re in New York, Florida, we’re here to guide you through the complexities of these laws and how they apply to you.
The Fair Labor Standards Act (FLSA), New York Labor Law (NYLL), and Florida’s Minimum Wage Act (FMWA) play a crucial role in protecting your wages and working conditions. By the end of this page, you’ll not only understand these laws better but also know how our firm can step in to help if your employer isn’t following them.
Fair Labor Standards Act (FLSA)
The FLSA is a cornerstone of American labor law, established to protect workers like you from unfair pay practices. It entitles employees to minimum wage and overtime pay.
Imagine this scenario: Emily, an assistant manager at a retail store, often works more than 40 hours a week. However, her paycheck doesn’t reflect the overtime pay she’s entitled to under the FLSA. Unsure of her rights or afraid to confront her employer, Emily has silently suffered, losing out on thousands in unpaid wages.
This is where the FLSA steps in. It ensures that employees who work over 40 hours in a workweek are compensated at a rate of one and a half times their regular pay for every extra hour.
The law allows employees like Emily to recover unpaid overtime, often adding penalties paid by the employer for failing to comply with the law. This not only compensates for the oversight but also discourages employers from future violations.
New York Labor Law (NYLL)
In New York, the NYLL provides robust protections that complement federal law. In addition to providing for minimum wage and overtime pay, the NYLL entitles employees to spread-of-hours pay and to receive accurate wage records.
Consider the case of Thomas: Thomas is a security guard in Manhattan working long shifts that often extend beyond the standard eight-hour workday. On many occasions, his workday stretches to 12 hours. Under NYLL, any workday that lasts longer than ten hours mandates that employers pay spread-of-hours compensation—essentially an extra hour’s pay at the minimum wage rate.
NYLL requires that for every hour worked over 40 in a single workweek, employees like Thomas must be paid one and a half times their regular rate of pay. However, Thomas notices discrepancies in his paychecks where his overtime and spread-of-hours pay are consistently missing. He keeps his own records and, comparing them to his pay stubs, he gathers evidence that suggests he’s not being compensated as the law requires.
This situation is precisely what NYLL aims to address. The law not only mandates how workers should be compensated but also imposes strict requirements on employers to keep accurate payroll records. When employers fail to do so, and cannot prove that they have paid their employees correctly, they are held liable. Employees like Thomas can then seek damages for unpaid wages.
Through Thomas’s eyes, we see the importance of NYLL in ensuring every worker in New York receives the wages they legally earn. It shows how crucial it is for employees to understand their rights and for employers to maintain diligent records. If you find yourself in a situation similar to Thomas’s, our firm can help review your case, guide you through your rights under NYLL, and represent your interests to ensure you receive every dollar you deserve.
Florida’s Minimum Wage Act (FMWA)
Down in the sunny state of Florida, the FMWA safeguards employees by ensuring they receive a fair minimum wage, which is often adjusted annually to reflect cost of living changes. This act reinforces the protections of the federal Fair Labor Standards Act (FLSA).
How Our Firm Can Help
At Crabill PLLC, we understand that dealing with wage and hour disputes can be daunting and stressful. That’s why we’re dedicated to not only defending your rights but also guiding you through every step of the process with clarity and support.
Case Assessments
We begin by thoroughly evaluating your work situation against the backdrop of relevant labor laws—FLSA, NYLL, FMWA, or others depending on your location. This includes analyzing your pay stubs, work hours, and any other pertinent documentation. We ensure that you understand each phase of the process and what documentation will strengthen your case.
Legal Representation
Once we establish a firm groundwork, we proceed by formulating a strategy tailored to your specific circumstances. Whether it’s negotiating with your employer for a fair settlement or representing you in court, our team is prepared to advocate zealously on your behalf.
Contact Us
If your employer has failed to pay you all of your earned wages or engaged in other violations of the wage laws, contact us today to protect your rights.