NJ Lawyers | Middlesex County Employment Law | Rahway
Rahway | 07065
The Fair Labor Standards Act (FLSA) regulates wages and hours in the workplace. It establishes a minimum wage and regulates overtime pay, record-keeping, and youth employment. The FLSA applies to employment in the private sector and to employment in federal, state, and local governments. Under the act, a workweek is 40 hours and federal minimum wage is $7.25 per hour (at July 24, 2009). The FLSA does not require an employer to offer vacation time, sick leave, or pay raises. Local and state wage and hour laws may also apply. Speak to a seasoned wage and overtime dispute lawyer, such as Vince Maverick, to discuss all your options when dealing with a overtime & wage dispute. He has assisted many families and individuals in Rahway and throughout Middlesex County, NJ. The FLSA's wage and hour laws apply to employers that earn $500,000 in annual gross sales and to employers that engage in interstate commerce or produce goods for interstate commerce. Interstate commerce includes sending mail through the U.S. Postal Service, the use of telephones or computers for interstate communication, or the shipping, handling, or receipt of goods through interstate commerce. Because of its broad coverage, the FLSA applies to virtually all employers. The act, however, does exempt small farms that meet certain requirements.
The administrative exemption applies if the worker: has the primary duty of performing office or nonmanual work related to the management or administration of a business; has the primary duty of exercising discretion and independent judgment about significant matters; receives a salary of at least $455 per week; and more. The professional exemption applies if the worker: performs work that requires advanced knowledge, such as work that is predominately intellectual and requires the use of discretion and judgment; has advanced knowledge in the field of learning or science, including the fields of law, medicine, theology, accounting, actuarial computation, engineering, architecture, teaching, and various types of physical, chemical, and biological sciences, and pharmacy; has acquired advanced knowledge through a prolonged course of specialized intellectual instruction; receives a salary of at least $455 per week; and more. Other exempt workers include those employed by a seasonal or recreational business, causal babysitters, and newspaper delivery workers.
Federal law prohibits private employers from giving employees 'comp' time (an hour of time off for every hour worked) for hours that exceed a 40-hour workweek. Instead, an employer may arrange an employee's workweek so that the time worked does not exceed 40 hours. This means that an employee could work four ten-hour days for a total accumulation of 40 hours for the week. This arrangement does not require an employer to pay overtime. The overtime & wage dispute lawyers at Maverick & Peters, LLC can walk you through each step of the way during this difficult phase of your life. Families & individuals in Rahway NJ can greatly rely on the sound advice by these experienced labor employment attorneys. Call them today to get started right away. Domestic service workers such as day workers, housekeepers, chauffeurs, cooks, or full-time babysitters are covered under the FLSA if: their cash wages from one employer are at least $1,000 in a calendar year (or the amount designated pursuant to an adjustment provision in the Internal Revenue Code), or they work a total of more than 8 hours a week for one or more employers.
While FLSA does set basic minimum wage and overtime pay standards and regulates the employment of minors, there are a number of employment practices which FLSA does not regulate. For example, FLSA does not require: vacation, holiday, severance, or sick pay; meal or rest periods, holidays off, or vacations; premium pay for weekend or holiday work; pay raises or fringe benefits; and a discharge notice, reason for discharge, or immediate payment of final wages to terminated employees. Tipped employees are those who customarily and regularly receive more than $30 a month in tips. The employer may consider tips as part of wages, but the employer must pay at least $2.13 an hour in direct wages. The employer who elects to use the tip credit provision, must inform the employee in advance and must be able to show that the employee receives at least the minimum wage when direct wages and the tip credit allowance are combined. If an employee's tips combined with the employer's direct wages of at least $2.13 an hour do not equal the minimum hourly wage, the employer must make up the difference. Also, employees must retain all of their tips, except to the extent that they participate in a valid tip pooling or sharing arrangement. For Employer-Furnished Facilities, the reasonable cost or fair value of board, lodging, or other facilities customarily furnished by the employer for the employee's benefit may be considered part of wages. Wage and overtime dispute attorney, Vince Maverick, can help you navigate through the complexities of wage & overtime disputes in Rahway NJ. Get the help you deserve by calling him today.
Wage & Overtime Disputes Lawyers serving South Plainfield, Avenel, Bound Brook, Clark, Colonia, Dunellen, Edison, Fanwood, Fords, Green Brook, Iselin, Metuchen, Middlesex, North Plainfield, Piscataway, Plainfield, Rahway, Scotch Plains, South Bound Brook, Warren, Woodbridge, and throughout Middlesex County.
Rahway | 07065
Overtime & Wage Disputes Lawyers in Rahway, NJ
07065 Employment Law Firm
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Maverick & Peters, LLC 114 Oak Tree Ave, South Plainfield, NJ 07080 (908) 899-1661 http://www.SouthPlainfieldAttorneys.com/
Wage Overtime Dispute Lawyers in New Jersey
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