THE FAIR LABOR STANDARDS ACT (“FLSA”) AND NYLL

The Fair Labor Standards Act (“FLSA”) and NYLL requires employers to pay overtime to all employees that work more than 40 hours in a 7 day work week, unless the employee is exempt from the overtime requirement. Employers often consider employees that have the title of a supervisor or manager to be exempt. Often, the employees classified as exempt are not exempt. In cases of violation, the employermust pay the employee the overtime denied and an amount equal to that in liquidated damages.

Whether the employee classifies as management is truly exempt or not is specifically dependent on the facts of each individual case. If any employee feels that they deserve overtime pay, they should contact an attorney for an evaluation of their specific case.