New York Complaint to Recover Overtime Compensation or Wages in State Court under Section 16(b) of Fair Labor Standards Act

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Section 16(b) of Fair Labor Standards Act is found in 29 U.S.C. 201, et seq. The Fair Labor Standards Act (FLSA) is a federal act that is sometimes referred to as the minimum wage law. It also deals with child labor, overtime pay requirements, and equal pay provisions. to be shipped in interstate commerce. Coverage of the FLSA is very broad. Almost all businesses could be said to be involved in interstate commerce in some way. Exemptions to the Act are very specifically defined.


A corporate employer obviously can be liable under the Act, but individual officers can also be held liable. Anyone who actively participates in the running of the business can be liable. Payment of unpaid wages plus a penalty is the usual penalty for violation of the minimum wage or overtime provisions of the Act. However, fines of up to $10,000 and/or imprisonment for up to six months are possible for willful violations. A willful violation of the Act occurs when you know that you are clearly violating the Act but do it anyway.


Enforcement of the FLSA can result from an employee filing a complaint with the Wage and Hour Dept. of the Department of Labor or by the Dept. of Labor initiating its own investigation. Random audits are not uncommon, but audits generally result from a formal or informal complaint of an employee. Employers are prohibited by the FLSA from firing an employee for making a complaint or participating in a Dept. of Labor investigation.


The FLSA requires that nonexempt employees be paid 1.5 times their regular rate of pay for time work in excess of 40 hours. Salaried employees also are entitled to overtime payment unless they come under one of the white collar exemptions. To compute overtime payment due to a salaried employee, you divide their regular wage (figured as a weekly wage) by the number of hours they normally work in a week and then multiply it by 1.5 to get the amount they would receive for hours worked in excess of 40.

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  • Preview Complaint to Recover Overtime Compensation or Wages in State Court under Section 16(b) of Fair Labor Standards Act
  • Preview Complaint to Recover Overtime Compensation or Wages in State Court under Section 16(b) of Fair Labor Standards Act

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How to fill out Complaint To Recover Overtime Compensation Or Wages In State Court Under Section 16(b) Of Fair Labor Standards Act?

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FAQ

New York law provides employees with the right to pursue their unpaid wages in court. This is done through the Wage Theft Act. Under this Act, employers are required to provide written wage notices and pay stubs or face penalties as high as ten thousand dollars.

Submit form LS223 to make a claim regarding unpaid wages, unpaid wage supplements, minimum wage or overtime violations, illegal deductions, or if your employer fails to give you the required meal period, day of rest, paystub, etc.

If the regular payday for the last pay period an employee worked has passed and the employee has not been paid, contact the Department of Labor's Wage and Hour Division or the state labor department. DOL also has mechanisms in place for the recovery of back wages.

New York law provides employees with the right to pursue their unpaid wages in court. This is done through the Wage Theft Act. Under this Act, employers are required to provide written wage notices and pay stubs or face penalties as high as ten thousand dollars.

The New York Wage Theft Prevention Act requires employers to provide each employee with wage statements or pay stubs on each payday. The pay stub or wage statement must include the following: The employer's name, address, and phone number. The dates covered within the pay period indicated on the pay stub.

Under New York law, employers who engage in unpaid wage and hour violations owe their employees back pay and could also owe liquidated damages equalling 100% of the owed wages. Here are common unpaid wage violations: The employee's paycheck bounced because of not sufficient funds.

New York employers who make an untimely wage payment may do so in violation of state and federal laws. Employers must pay their employees within seven days of their particular pay period, whether it is on a weekly or biweekly basis. While some exceptions exist, most employers cannot engage in untimely wage payments.

You can get help to recover unpaid or withheld wages, including illegal deductions, by filing a claim with the State. Get help from the New York State Department of Labor. Staff is available through the automated phone system during business hours.

New York State has some of the strictest labor laws in the country. New York Labor Law (NYLL) 198-a(1) criminally punishes New York employers who fail to pay wages ing to the NYLL by making the first violation a misdemeanor, and second violation within six years a felony.

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New York Complaint to Recover Overtime Compensation or Wages in State Court under Section 16(b) of Fair Labor Standards Act