Retaliation Based On Claims Of Overtime Violations Allowed
A New York Supreme Court judge has rejected precedent in determining that beauty salon workers may bring a claim for retaliation based on claims they were denied overtime pay.
The Fair Labor Standards Act (“FLSA”) provides that eligible employees must be paid overtime at a rate of one and one-half their regular rate of pay. Additionally, many states have overtime laws that incorporate the FLSA and may provide substantive and procedural advantages over the FLSA.
In Ji v. Belle World Beauty, the court reviewed a provision of New York’s Labor Law incorporating the FLSA with respect to overtime. Writing for the court, Judge Emily Goodman explained based on prior case law “some form of overtime compensation is appropriate.” Further, retaliation for complaining about violations of overtime law could support a violation as well. The court concluded that the previous ruling that held “there are no provisions governing overtime in New York Labor Law” misconstrued an earlier decision.
Nearly all U.S. employers are governed by the Fair Labor Standards Act. As a result, nearly all employees who are not exempt must receive overtime compensation. Although state laws may differ, employees who fail to receive adequate overtime compensation may be able to bring a claim for a violation of the FLSA or similar state provision.
For more information, or if you have believe you have been denied all the overtime compensation are entitled to, please contact Buckley & Klein, LLP, a Georgia law firm dedicated to protecting employee’s rights.
