Practice Areas

Wage & Hour

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Blitman & King Wage and Hour Attorneys

Complex wage and hour issues, including whether workers are receiving proper overtime pay and whether employees have been properly classified as exempt from the overtime laws, are increasingly common in today’s workplace. We are skilled and experienced in navigating the maze of federal and state wage and hour laws, including the Fair Labor Standards Act (“FLSA”) and the New York Labor Law.

We are very familiar with the current federal and state court rulings and trends in the area of wage and hour law, as well as collective and class action litigation procedures.

Our team of wage and hour attorneys have extensive experience advising and representing clients in all aspects of wage and hour law. We work closely with employers to help them understand their legal obligations and to implement best practices to ensure compliance with wage and hour laws. Contact us today to learn more.

Awards

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Who’s Who Legal Awards

Charter Fellows of the College of Labor and Employment Lawyers

Former Chairs of the American Bar Association’s Labor and Employment Law Section

New York Super Lawyers

Former Chairs of the New York State Bar Association’s Labor and Employment Law Section

Former Chair of the American Bar Association’s Equal Employment Opportunity Committee

AV Peer Review Rating by Martindale-Hubbell

Practice Highlights

We handle the full spectrum of wage and hour matters, including collective and class actions involving:

  • Misclassification of employees as exempt from the overtime laws (which include the “executive,” “administrative,” “professional,” and “outside sales” exemptions);
  • The definition of an “employee” (versus an “independent contractor”);
  • Failure to pay a premium rate of “time and a half” for work in excess of 40 hours a week;
  • “Off the clock” practices such as requiring or permitting work before or after a shift or during unpaid meal or rest breaks;
  • Work performed remotely from home;
  • Wage deductions;
  • Tips and “service charges”;
  • Personal sick pay;
  • Rounding and the proper calculation of overtime payments (including when bonuses, commissions and other payments other than hourly wages must be included in the overtime calculation);
  • Recordkeeping requirements; and
  • Other pay practices and employment policies.