New York / New Jersey Employment Attorneys
Kimm Law Firm represents workers and employers in labor and employment matters in state and federal courts, as well as before labor departments.
Wage & Hour, Labor & Employment
We represent employers and employees in wage and hour, labor, and employment matters.
Fair Labor Standards Act
Originally enacted in 1938 to combat corrupt employers who failed to pay laborers during the Great Depression era, the U.S. Fair Labor Standards Act (FLSA) and state labor laws require employers to pay covered employees a minimum wage and overtime compensation after 40 hours of work in a week. In some states, overtime must be paid after 10 hours in a day, regardless of how many hours are worked during the week. Overtime rates must be at least one and a half times the regular rate of pay. The FLSA does not require companies to provide holiday pay, sick pay, paid or unpaid vacation time, or severance pay. In New York, if an individual works more than 10 hours a day for five days or more a week, then the worker is also entitled to an hour additionally for what is called the “spread of hours.”
Federal labor law does not require employers to provide meal or rest time breaks but, if a company policy does provide a short break (usually 5 to 20 minutes), then the FLSA requires the company to count that time as compensable work hours. Despite this fact, some companies deduct that break time due to mistake or ill will of the manager or for some other reason.
Under the labor laws, even “pre” and “post” work activities that benefit the employer must be treated as “work time.” Examples include preparing tools or work surfaces, cleaning tools or work surfaces, and meeting at a central location for transportation to a job site, before the real work time begins.
Not all employees are covered by minimum wage and hour laws. Some employees are said to be “exempt” from the statutory protection for a variety of policy reasons that were built into the law. FLSA states that “non-exempt” employees are entitled to minimum wage and overtime compensation; however, “exempt” employees are not.
If an employee was improperly classified, then the improper classification can be the basis of a wage and hour lawsuit. For example, an employee who goes to a work place, works at a work station all day, and returns home only after work is completed, may have been treated as an “independent contractor,” so that the employer can legally avoid having to pay benefits such as social security contribution, minimum wage, and overtime compensation. In such a case, that worker likely was, in fact, “misclassified” as an independent contractor rather than an employee. He or she would be entitled to the labor law protections and benefits and a claim may be appropriate.
Under the FLSA, employees are exempt from the overtime pay provisions of the FLSA if:
they are paid less than $455 per week during a year;
the are paid a salary rather than an hourly wage and (unless there is misclassification);
the work in an exempt industry or job duties (such as movie theaters, many agricultural jobs, administrative, executive, professional, and various others). For instance, lawyers and doctors who work over 40 hours a week, which is just about everybody in the professions, cannot recover overtime compensation and are not protected by FLSA.
We represent individuals in their lawsuits to recover unpaid wages, overtime and other compensation to which they are entitled. Please call us immediately for case evaluation. 201-569-2880.
Are you the Victim of Discrimination or Harassment at Work?
If you have been harassed or discriminated in your employment or in your attempt to obtain employment, you may be entitled to compensation. Contact the Kimm Law Firm for free consultation. 201-569-2880. We can discuss it with you over the phone or meet you in person to review your case.
Generally, for most jobs, employers are free to hire and fire, to assign work and to discipline employees. Many jobs are so-called “at will” because no contracts are used and the employment decisions are made on an “at will” basis.
Still, the law prohibits discrimination on the basis of certain characteristics that are protected by statute and case law, including these:
Harassment (sexual, handicap, gender)
Sex or gender (including transgenderism)
Race, national origin, ancestry
Disability (medical, physical)
Discrimination is rarely obvious and is rarely admitted by the violators. The evidence often develops from conduct and statements that support an inference of discrimination, such as the denial of a job, termination from employment despite good work habits, or a change in the terms or conditions of employment (wages, hours, bonuses and job assignments). Recent case law developments show that employers and companies are not the only ones who can be sued for discrimination; even managers and officers can be sued if they were involved in the conscious decisions that were discriminatory.
We, at Kimm Law Firm, our New York and New Jersey employment lawyers use the tools of mediation, arbitration and litigation to pursue your claims vigorously in cases involving all kinds of discrimination.
For more information on labor and employment law, see our wage and hour FAQ and our discrimination FAQ.
Other cases handled by the Kimm Law Firm include:
Harassment: Sexual harassment is the most common form of harassment, but people also face harassment because of their race, pregnancy status, political activities such as union organizing, even for their work status as a contractor. We represent victims of harassment.
Violation of leave laws: We provide legal advice and representation to employees who are having problems getting the leave they are legally allowed such as family and medical leave and time off to vote.
We provide defense and counseling for employers of all sizes concerning labor and employment compliance, litigation, labor department proceedings and the like.
Other Labor & Employment Law
Restrictive Covenants are a modern reality that almost all employers and many employees will utilize at one point or another, to protect trade secrets, to prevent a key employee from hurting the company, and for other business reasons. We provide representation for restrictive covenants, non-compete agreements, non-disclosure agreements, trade secrets, and other labor and employment matters. We represent both employers and employees, and we are available to provide litigation or pre-litigation services.
Employment Contracts are another modern reality that affect most employers and many employees. Employment contracts are a species of the law of contracts with some specific sub-list of issues and concerns. We provide employers and employees with litigation or pre-litigation services in this field as well.
Contact Our Labor and Employment Law Attorneys
Contact the New York / New Jersey employment attorneys of the Kimm Law Office, call 201-569-2880, for a free case evaluation and assistance in filing your claim. We will fight vigorously to protect and pursue your rights.