888-831-8615
Shulman Kessler LLP
888-831-8615
${site.data.firmName}${SEMFirmNameAlt}
Call For A Free Consultation | Se Habla Español
888-831-8615

Higher paid workers may be entitled to FSLA mandated overtime pay

The Fair Labor Standards Act requires employers in New York and around the country to pay their workers an overtime rate of at least one and a half times their regular hourly rate when they work more than 40 hours during a standard workweek. The landmark 1938 law does not apply to those who perform professional, administrative or executive duties. However, the FLSA's language does not make clear what is and what is not a white-collar job, and it has been left to the courts to make these decisions when workers file claims over unpaid overtime.

A recent case dealing with this matter involved two welding inspectors who filed an FSLA claim because they were denied overtime pay while working on a pipeline construction project in 2013 and 2014. Their employer, a Texas-based construction management company, claimed that the FLSA did not apply because the two workers performed white-collar jobs and earned over $100,000 per year. An Ohio district court judge was swayed by this argument and granted the company's motion to dismiss the case.

The two welding workers appealed the district court decision to the U.S. Court of Appeals for the Sixth Circuit, and a panel of judges ruled on Dec. 19 to overturn the lower court's decision. The ruling stated that workers could not be denied the protections offered by the FLSA simply because their level of income would normally be associated with professional, administrative or executive duties.

Litigating claims under federal or state wage and hour laws can sometimes be frustrating, and workers may feel that that pursuing unpaid overtime is not worth the effort involved. Attorneys with experience in this area may understand these reservations, but they might also point out that employers worried about similar claims being filed in the future may wish to settle these matters rather than risk losing in court.

No Comments

Leave a comment
Comment Information
office building

Contact Us Today To Schedule A Free Consultation

Reach out to our office today to make an appointment to talk about your issue. Call 888-831-8615 or send us an email.

se habla espanol.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

email us for a response
ADDRESS

Shulman Kessler LLP
534 Broadhollow Road
Suite 275
Melville, NY 11747

Toll Free: 888-831-8615
Fax: 631-499-9120
Melville Law Office Map

CONTACT
Email Us