Law Offices of Louis D. Stober, Jr., L.L.C.Law Offices of Louis D. Stober, Jr., L.L.C.2024-02-28T20:43:49Zhttps://www.stoberlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1200984/2019/11/site-icon-150x150.jpgOn Behalf of Law Offices of Louis D. Stober, Jr., L.L.C.https://www.stoberlaw.com/?p=497312024-02-27T20:43:55Z2024-02-28T20:43:49ZExempt
Exempt employees typically receive a fixed salary regardless of the hours worked. This means they are not entitled to overtime pay. However, specific job duties must align with FLSA guidelines to qualify for exempt status. Higher-level positions often fall under this category.
Non-exempt
Non-exempt employees are usually paid hourly and are eligible for overtime pay. If you work more than 40 hours in a week, your employer must compensate you at an overtime rate for those additional hours.
Key considerations for exempt status
Exempt employees must earn a salary above a predetermined threshold set by the FLSA. Additionally, their job duties should primarily involve executive, administrative or professional responsibilities. However, if they spend a certain percentage of their time performing non-exempt duties, they may be eligible for overtime.
Benefits and drawbacks
Being classified as exempt comes with both benefits and drawbacks. While exempt employees enjoy a fixed salary, providing stability in income, they are not entitled to overtime pay while doing their regular work. They receive the same salary, even when they put in well over 40 hours each week.
For non-exempt employees, overtime pay is a significant advantage. Any hours worked beyond the standard 40-hour workweek entitle you to receive additional compensation. This ensures that employees are fairly compensated for their extra efforts.
Understanding these FLSA classifications helps you determine if you are receiving fair compensation for the work you do.]]>On Behalf of Law Offices of Louis D. Stober, Jr., L.L.C.https://www.stoberlaw.com/?p=497302023-12-06T01:44:26Z2023-12-06T01:44:26Z1. Hospitality and service
The hospitality and service industry harbors an unsettling prevalence of sexual harassment incidents. Employees in restaurants, hotels and bars often face unwarranted advances, inappropriate comments and unwanted touching. The fast-paced and customer-centric environment can exacerbate power imbalances. This makes it challenging for people to come forward.
2. Healthcare
In the noble and caring realm of healthcare, sexual harassment remains a disconcerting issue. Nurses, doctors and support staff are not immune to the unwanted advances from colleagues or patients. The hierarchical structure and the intensity of the job can contribute to a culture of silence. This prevents victims from reporting incidents.
3. Technology
The rapidly evolving technology sector grapples with its share of sexual harassment problems. From startups to established tech giants, reports of harassment persist. The industry often has a male-dominated, high-stakes and competitive environment. This can create an atmosphere where people fear retaliation or dismissal if they speak out.
4. Retail
Retail employees often face inappropriate behavior from both customers and coworkers. The transient nature of many retail positions can lead to a lack of accountability, making it easier for harassment to go unchecked. The industry also has unique power dynamics between management and staff. This can exacerbate the vulnerability of workers.
Sexual harassment is a pervasive issue that transcends industries. impacting individuals across various professions. Equal Employment Opportunity Commission received 5,581 sexual harassment charges in FY 2021.]]>On Behalf of Law Offices of Louis D. Stober, Jr., L.L.C.https://www.stoberlaw.com/?p=497292023-09-11T15:45:17Z2023-09-11T15:45:17ZSelling without an agent
While the idea of a For Sale by Owner or FSBO transaction might seem appealing for its cost-saving potential, it often leads to complications and missed opportunities. A recent study revealed that homes sold with the assistance of professional agents typically sold for $330,000 while FSBO homes sold for $225,000 on average. Also, navigating the intricate process of selling a home independently can be overwhelming and result in mistakes. Collaborating with an experienced real estate agent can streamline the process, save time and potentially increase your profits.
Underestimating costs
Selling a house involves more expenses than the price of your next home. It is also essential to anticipate various home-selling costs to avoid financial surprises. Potential costs you might encounter when selling property may include:
Agent commissions
Closing expenses
Staging fees
Home inspection charges
Concessions to buyers
Understanding these financial aspects from the outset can help you budget effectively and make informed decisions.
Choosing the wrong price
Determining the right asking price for your home is a delicate balancing act. Overpricing can deter potential buyers while underpricing can leave money on the table. Your real estate agent can provide analysis and insights into the prices of similar homes in your area, enabling you to set a competitive and accurate asking price. Getting the price right from the start can impact your home's sale duration and final sale price.
With the right approach and guidance, you can achieve a smoother and more profitable home-selling experience.]]>On Behalf of Law Offices of Louis D. Stober, Jr., L.L.C.https://www.stoberlaw.com/?p=496282023-06-02T22:15:32Z2023-06-02T22:15:32ZMinimum age for employment
The minimum age for employment in New York depends on the type of work and industry. Individuals who are 14 or 15 years old may work in certain jobs, such as retail and office work, with restrictions on working hours and tasks. Sixteen and seventeen-year-olds have more flexibility and can work in a broader range of industries, still subject to limitations on hours.
Hazardous occupations
The law prohibits individuals under the age of 18 from engaging in specific hazardous occupations, regardless of the industry. These occupations involve tasks with heavy machinery, certain manufacturing processes and exposure to hazardous substances.
Working hours and conditions
Child labor laws establish limitations on working hours and conditions to protect young workers. Minors of compulsory school age must attend school regularly and have restricted working hours on school days. The specific working hours vary based on age and whether it is a school day or non-school day. Employers must also provide adequate breaks and meal periods based on guidelines.
Enforcement and penalties
The New York State Department of Labor enforces child labor laws in the state. Violations of these laws can result in penalties, including fines and legal consequences. Employers have the responsibility to ensure compliance with these regulations and provide a safe and appropriate work environment for young employees.
Complying with these laws is crucial for employers to create safe and fair work environments and for parents and guardians to maintain a proper balance between work and education for their children. By enforcing these regulations, the state of New York safeguards the rights of young workers and supports their healthy development.]]>On Behalf of Law Offices of Louis D. Stober, Jr., L.L.C.https://www.stoberlaw.com/?p=496272023-03-01T20:00:40Z2023-03-02T20:00:33ZEmployer exemptions
Employers must have $500,000 in sales annually or do business in other states for the FLSA to apply. Communicating with potential customers in other states is often enough to classify as interstate commerce. Employers who use almost no outside labor are also commonly exempt from the FLSA.
Employee exemptions
Several groups of white-collar employees are exempt from coverage under the FLSA. Managerial positions, such as executives, administrators and learned and creative professionals, with weekly salaries of $684 or more are typically exempt. The FLSA also excludes computer employees making $684 or more a week and salespeople who work mostly away from their place of employment and earn a commission.
Blue-collar employees do not qualify for exemption from the FLSA and are entitled to its minimum wage and overtime provisions. Following the FLSA, employers must pay blue-collar employees the federal minimum wage of $7.25 or higher and time-and-a-half overtime pay. The FLSA's scope does not extend into state minimum wage laws, however. For example, the New York state minimum wage is $14.20 per hour and $15 in New York City, but the FLSA only protects the federal minimum wage of $7.25.
The FLSA, while a necessary layer of employee protection, is a complicated law. Unfortunately, employers may take advantage of its intricate nature to avoid paying employees what they should. For this reason, it is essential to understand exemptions under the FLSA.]]>On Behalf of Law Offices of Louis D. Stober, Jr., L.L.C.https://www.stoberlaw.com/?p=496262022-12-03T00:13:09Z2022-12-03T00:13:09ZInvading personal space
Even without specific physical contact, someone who stands unreasonably close to you, always has to be near you and looks at you in a way that makes you uncomfortable is a concern. These actions may constitute sexual harassment in some situations.
Asking personal questions
If anyone you work with asks invasive personal questions, such as questions about your personal life, sexual orientation or your body, that may also be sexual harassment. Clearly communicate your discomfort with the topic so that you have documentation of your objection in case of legal action.
Having sexual conversations
Deliberately having conversations about sexual topics in your company, despite your communicated discomfort and objections, may also qualify as sexual harassment. Keep a record of the instances, your objections and the subject matter in question. The more documentation you gather, the easier it is to prove a case.
Displaying or sharing graphic images
When graphic images get sent around the workplace or displayed in common areas even after an employee has expressed discomfort, that is another form of sexual harassment.
These subtle forms of harassment are often tolerated by those subjected to it because they don’t believe that there is enough blatant evidence for a case. In many situations, the pattern of behavior may be enough.]]>On Behalf of Law Offices of Louis D. Stober, Jr., L.L.C.https://www.stoberlaw.com/?p=496252022-09-02T17:04:54Z2022-09-02T17:04:54Zlegal obligations of the contract so neither defaults and misses out on the sale.
Sellers' obligations
In real estate deals, sellers must do several things to uphold their end of the agreement.
Disclose the condition of the property
To uphold New York's Property Condition Disclosure Act guidelines, sellers must provide buyers with a statement on the property's condition. The information discloses all detrimental aspects of the property. For example, does it have:
lead plumbing
water damage
petroleum spills
pest infestations
smoke damage
asbestos products
mold
If a seller purposefully omits or lies about the property's condition, they may have to correct the problem if the buyer would not have purchased the property knowing of the condition.
Provide a transferable title
Property owners may have mortgages or liens on real estate. To transfer the title to the buyer, the seller must make arrangements to pay these debts and have a clear title at closing.
Buyers' obligations
An essential requirement of buyers is to secure funds to purchase the property. Buyers must obtain a loan or enough cash to purchase the property from the seller. When buyers can not pay for the contracted property, the seller may move on to someone else.
Understanding the obligations of both sellers and buyers in real estate transactions ensures everyone is ready to proceed before signing a purchase contract.]]>On Behalf of Law Offices of Louis D. Stober, Jr., L.L.C.https://www.stoberlaw.com/?p=496242022-06-04T15:29:36Z2022-06-04T15:29:36Zviolations.
Using a job title to avoid overtime
It is the worker's responsibilities and not the title that determines overtime pay. Your employer might attempt to label you as a manager, but that does not mean you fall under an FLSA exemption. Review the FLSA exemption fact sheet to understand the duties and salaries necessary for an overtime exemption.
Using salaried employees to avoid overtime
Just because you earn a salary does not mean you are exempt from overtime payments. If you make less than $684 per week, it does not matter if you receive salaried wages.
Requiring prior approval to avoid overtime
Overtime pay does not require the approval of your employer. If you work more than 40 hours in a workweek, your employer owes you overtime pay whether you gave prior warning or not.
Averaging out workweeks to avoid overtime
It does not matter if you worked less than 40 hours in a previous workweek to receive overtime pay. Your employer cannot average out the time to avoid overtime payments. Any week you worked over 40 hours requires overtime pay by law.
Employers and employees often do not realize the extent of overtime laws. Maliciously or not, if you lose out on overtime pay, your employer has a legal obligation to compensate you.]]>On Behalf of Law Offices of Louis D. Stober, Jr., L.L.C.https://www.stoberlaw.com/?p=496212022-03-16T00:16:13Z2022-03-16T00:16:13Zentitled to overtime pay if you work over 40 hours per week?
Businesses sometimes use confusing terminology when it comes to overtime. This misunderstanding may make workers think they are earning extra cash when they are not.
How long is a workweek?
According to the FLSA, a full-time work week for hourly employees is 40 hours in seven consecutive days. The length of a pay period does not matter. In the eyes of the FLSA, a "workweek" resets every seven days.
Suppose you work additional hours in week one of your pay period but take a vacation in week two. Your employer must compensate you for overtime for week one. Because it is a different workweek, they cannot say you did not qualify for overtime due to your vacation.
What is gap time?
Companies can call labor hours whatever they like, so long as they follow the payment laws determined by the FLSA.
For example, if you work 8 hours per day, your boss may ask you to complete "overtime" for a 12 hour day. Because your supervisor used the word "overtime," you may think you will earn extra. But unless you have already logged 40 hours for the workweek, you are not entitled to additional benefits. "Gap time" is the spare time worked under 40 hours. The FLSA does not require employers to pay time and a half for gap time.
Understanding the labor laws can help you make scheduling decisions that benefit your bank account and well-being.]]>On Behalf of Law Offices of Louis D. Stober, Jr., L.L.C.https://www.stoberlaw.com/?p=495982021-12-08T21:13:06Z2021-12-08T21:13:06Zavoid paying a fair wage and get out of providing employee benefits.
Not only is worker misclassification illegal, but it may also be cheating you and your family out of needed income, employment protections and worker benefits.
The Fair Play Act sets rules for worker classification
New York’s Construction Industry Fair Play Act tries to protect workers from misclassification by setting clear standards for who is and is not an employee. Regardless of your work contract, the law considers you an employee unless your job meets all three of the following criteria:
You have an independently established business or trade
You provide services outside the scope of work your company typically handles
You are free to control and direct your efforts while performing your job
Why is correct classification important?
If the law considers you an employee but you are working as an independent contractor, you may be missing out on important benefits. In addition to wage protections and overtime pay, as an employee, you may be eligible for workers’ compensation and unemployment insurance.
According to the New York Department of Labor, between 15 and 25% of constructions workers in the state may be misclassified as independent contractors. If you believe your employer has incorrectly classified you, know that you may be able to challenge your worker status to receive important protections and benefits.]]>