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Common Violations of Overtime Pay Laws for Workers in Garment and Wholesale Industry – New York, New Jersey & Connecticut Overtime Pay

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Common Violations of Overtime Pay Laws for Workers

Garment and Wholesale Industry Employees

In New York, New Jersey and Connecticut, there is a thriving and growing garment industry which employs thousands of employees. Generally, these employees are entitled to be paid for all hours worked and overtime compensation for all hours worked in excess of forty hours in work week.

Our experienced Overtime Pay Lawyers know the overtime laws and have helped employees get paid by collecting their unpaid wages, unpaid overtime compensation, liquidated damages, costs and reasonable attorney’s fees. Our Overtime Pay Lawyers can help you too – call now for a confidential free telephone consultation at (800) 893-9645.

“Some employers use overtime scams to feed their own greed . . . you may be entitled to time and a half or other unpaid wages for time worked.”

New York, New Jersey, Connecticut and Federal Overtime Laws Requiring Employers to Pay Employees Unpaid Wages and Overtime Pay

The Fair Labor Standards Act (FLSA), New York Labor Law, New Jersey State Wage and Hour Law, and Connecticut's minimum wage and overtime laws (i.e. Title 31 Chapter 558 Part I and II of the Connecticut General Statutes) require non-exempt employees to be paid for all hours worked at a hourly rate no less than the minimum wage, greater of the Federal Minimum Wage or State Minimum Wage. Generally, the minimum wage rates in New York, New Jersey and Connecticut are as follows respectively: $7.25, $7.25, and $8.25.

What is an Overtime Wage Violation?

If you work more than 40 hours per week without receiving extra compensation, your employer may be violating the FLSA, New York Labor Law or other applicable Labor Law. The FLSA is a federal statute that mandates employers to pay eligible employees time-and-a-half their regular rate for every hour they work over 40 in a single work week. If you are denied overtime, you may be able to recover compensation through an overtime lawsuit.

Do I Qualify for Overtime Pay?

Generally, yes, employees who work over 40 hours a week are eligible for overtime however there are certain exemptions. The exemptions are discussed here but they vary from industry to industry and from job to job. The overtime laws are highly complex area and their navigation require the skills of an experienced overtime pay lawyer. To learn your rights, call now to speak with one of Employment Lawyers (800) 893-9645.

Can I Sue my Employer or Former Employer?

You can sue your employer but your chances of success will vary depending on your specific circumstances. The statute of limitations (i.e, the time to sue) vary from state to state. Call our lawyers now at (800) 893-9645 and schedule your confidential free consultation to learn your rights.

Will I Lose my Job if I File a Lawsuit?

The Overtime Pay Laws prevent your boss from retaliating against you if you file a lawsuit to collect unpaid wages and/or overtime. Our Overtime Pay Lawyers can help you get paid for your hard work while protecting you in the workplace.

What are Some Common Overtime Pay Law Violations in the Garment and Wholesale Industry?
  • Misclassifying employees as independent contractors and thereby improperly denying them overtime pay and employee benefits (health insurance, vacation days, 401k plan participation, etc.)
  • The misclassification of an administrative, professional or bona fide executive exemption to non-exempt persons, such as wholesale workers, clerical employees and inside salespersons.
  • Requiring employees to work “off the clock” and/or not paying employees for all hours worked including all time spent working for an employer including time spent for clerical work.
  • Paying employees straight time for hours worked in excess of forty hours a week instead of overtime pay.
  • Simply calling an employee a “Manager’ or paying an employee a weekly set salary with the mistaken belief that the employee is not entitled to overtime pay. A salaried employee may be eligible for overtime pay.
  • Making improper deductions from an employee’s pay including but not limited to deductions for damaged merchandise, etc. Generally, employers cannot make deductions from an employee’s paycheck unless it is expressly authorized or required by law.
  • Many employers fail to maintain proper time keeping records for all hours worked by employees. This is required by the overtime laws.
  • If you believe that you have been misclassified or denied overtime pay or wages, call now to speak with one of our Overtime Pay Lawyers at (800) 983-9645 or send us an email.

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