The Arguments Employers Can Make to Refute Wage and Hour Claims

As an employer, you work hard to maintain a positive and harmonious work environment. Nonetheless, it’s not unusual to face allegations of federal labor or employment laws. One of the most common involved an employee’s right to overtime pay.

When Is Overtime Pay Required?

Stephen D Hans

New York Employment & Labor Law Attorneys.
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Under the Fair Labor Standards Act (FLSA), eligible workers have the right to additional compensation for extra hours worked. To qualify for overtime under federal law, you must be a non-exempt employee and you must have worked more than 40 hours during a given pay period or work week. According, the primary defenses to a federal overtime claim are that the worker was exempt or that the worker did not exceed 40 hours within the applicable time frame.

What Types of Employees Are Exempt from Overtime under Federal Law?

The Fair Labor Standards Act identifies a number of situations where a worker may not qualify for overtime benefits:

  • The employee is paid on a commission basis—The worker must receive more than half of his or her income from commissions and must average at least one and a half times the minimum wage for every hour worked
  • Executive, professional, administrative and outside sales employees who are paid a salary
  • Certain employees of automobile dealerships, including salespersons, mechanics and parts workers
  • Seasonal workers and employees of recreational businesses
  • Farmworkers on small farms
  • Computer professionals whose income exceeds $27.63 per hour
  • Drivers, loaders, mechanics and helpers for motor carriers, provided the worker is engaged in activities that involve the safety of transportation of people or property in interstate commerce

How Does the FLSA Define a Work Week?

Under the provisions of the Fair Labor Standards Act, a work week must refer to the same recurring period of seven consecutive 24-hour periods. It does not have to coincide with a calendar week.

Let Stephen Hans & Associates Handle Your Employment Law Concerns

At Stephen D. Hans & Associates, our attorneys are glad to answer your questions and provide legal advice. Years of experience have provided us with extensive knowledge regarding employment law. We have successfully represented many employers throughout the greater New York City area in litigation involving workplace disputes. Our offices are conveniently located in Long Island City with easy access from Manhattan.