Our 마사지알바 employment attorneys at the Law Offices of David C. Rich, LLC are experienced representing management in a variety of employment-related matters, including overtime pay and other wage and hour claims. If you think that your employer is refusing you full pay, contact Mezibov Butler at 513-621-8800 to discuss your issues with experienced attorneys who can walk you through the intricacies of the states and federal wage and hour laws.
Wage and hour coverage issues typically involve complex analyses of an employees work duties and the laws in effect. As a result, an employer covered by both federal and state wage and hour laws cannot ignore the state laws simply because its wage and hour policies are exempt from, or consistent with, the federal laws. State law does exclude from coverage any employment subject to the federal Fair Labor Standards Act, except where a states pay rates are higher than federal rates.
Employers covered by the Fair Labor Standards Act must pay the federal minimum wage, which is currently $7.25 an hour. SSSS 510, et seq., requires most employees in the United States to be paid at least the Federal minimum wage of $7.25 per hour for all hours worked, and overtime paid at 1 1/2 times the regular rate for all hours worked in excess of 40 hours during the workweek. Any work over 12 hours on any one day, or over eight hours on any seventh day in a workweek, must be paid no less than twice the regular rate of pay.
The requirement for premium overtime pay, whether on a daily or weekly basis, is not applicable to employers with less than four employees. The seven-day overtime rule does not apply when an employee is prevented from working more than 40 hours in total during any one workweek. Nonexempt employees are entitled to the minimum wage and overtime for working more than 40 hours in any workweek.
However, these exceptions are narrowly construed, with the burden being on employers to prove the employee is not exempt and is not entitled to minimum wage or overtime compensation, at minimum. The laws do protect employees rights regarding the minimum wage, number of hours worked each day, and overtime compensation. There are both state and federal laws protecting your hours of service and your compensation.
Federal and state laws dictate minimum wages employers must pay employees, and they require overtime (1.5 times your hourly pay) to be paid to some employees who work more than 40 hours in one week. If a local authority (a city or county) has adopted a higher minimum wage, employees should be paid the local rate, if higher than either the state or federal minimum wage. If a single employee is producing or moving goods across states, or is otherwise covered under the federal Fair Labor Standards Act, then the employee must be paid the higher of either the federal minimum wage or the Montana state minimum wage.
The New York state minimum wage law, New York Labor Law SS 650 et seq., requires New York employees be paid at least New Yorks minimum wage–which, depending on county and employer size, varies from $11.10 an hour to $15.00 an hour–for all hours worked. Effective January 1, 2021, the minimum wage increased to $14 per hour for employers of 26 or more employees, and $13 per hour for employees with 25 or fewer employees. From 2017 through 2023, the minimum wage increases each year at a fixed rate to $15.00/hour, with annual adjustments thereafter based on the established formula and the number of employees. Employees are paid one hour of the minimum wage in addition to their due wages if hours are over 10 hours, split shifts are employed, or both.
Most lawyers are employed full-time, and it is not uncommon for their average workweek to be over forty hours. Lawyers generally work from an office, but they may have to travel to a courthouse, jail, or the offices of other lawyers. After earning several years experience, some lawyers enter solo practice or transition into a law department at a major firm. Part-time jobs or summer internships at law firms, government agencies, and corporate law departments offer valuable experience.
Attorneys may make higher than average salaries, however, the heavy student debt burden and slower rate of job growth can make earning full-time, full-practice legal residency challenging for some recent graduates. As many practitioners are learning firsthand that they can work remotely and run businesses successfully, it will be interesting to see how attorneys and associates moving affects both the national rate data and the practice hours. When a country is allowed to reopen, I suspect the higher attorney hourly rates will rebound. This is not part of any poll, but as a political junkie, I have to point out that five out of eight states that saw their average attorney hourly rates drop went for Donald Trump in the 2020 election.
Just like last year, D.C. has the highest lawyer hourly rates at $380 on average, an 8.4% increase over 2019, when it had a $348 average. The median hourly rate charged to lawyers has been rising over recent years, reaching almost $300 at the beginning of 2020, according to the Current Law Trends report. This is certainly the case in the jurisdictions that had the highest hourly average rates, and makes sense, since their clients are used to seeing rate increases every year. Some states have seen decreases in hourly rates, although I think we cannot make too large of a generalization here, since states vary widely in terms of their corporate demographics.
Because the California state law currently requires a higher minimum wage rate than the federal law, all employers in California that are covered by either law are required to pay the states minimum wage rate, unless their employees are exempt from it under California law. Employers that have employees covered under Comps Order 37 are required to display the Colorado overtime and, Minimum Wage Standards (Comps) Order #37 poster (below).
If your employer is using the job title as a reason to pay less than what is required by law, consult a lawyer to find out the legal options you have.