Law Articles

Although a more comprehensive explanation of how to ascertain whether an employee has been underpaid is here, this shorter post is meant to help personal injury attorneys to determine whether their potential new client, or current clients, may also have an FLSA claim against their current or former employer.

Pryor Law is primarily a personal injury firm; however, it also routinely handles employment law matters because many of its clients have both a personal injury claim and an FLSA underpayment claim. At a consultation or intake meeting with a personal injury client, every attorney inquires about the client’s employment in order to calculate damages that resulted from time missed from work. However, you should also remember that the FLSA requires that hourly employees be paid minimum wage and overtime pay for hours worked above forty hours in a work week.            

When discussing employment with a personal injury client, it is common for a client to tell you that they receive a cash payment at the end of the work week. At this point, it is a good idea to ask the client how many hours per week they work and determine whether they are being adequately compensated. Employees in New York are required to be paid the current minimum wage of $15.00 per hour and one and a half times their normal pay rate for all hours worked over forty.