Federal/State Minimum Wage/Overtime Violations

Legal matters involving alleged minimum wage and/or overtime violations sometimes present themselves in the form of a government investigation initiated prior to the filing of a court proceeding. Most often, however, such matters arise in the context of a civil lawsuit filed by one or more employees suing in connection with underpaid wages. The act of failing to pay the minimum and/or overtime wages required by law can be the subject of state claims (under the New York State Labor Law) and/or federal claims (under the Fair Labor Standards Act). Most often, such cases are brought in Federal Court and assert claims under both state and federal law.

Mr. Millman has represented employers in such matters for years and is intimately familiar with the applicable defenses and mitigating measures that can be taken to defend against such allegations. He has lectured to several employers on how to comply with state and federal statutes and regulations relating to compensation and benefits. He possesses the ability and experience to assert all appropriate defenses and has successfully negotiated resolutions with the federal government during investigations to avoid the initiation of legal action against his client.

Significantly, Mr. Millman offers his clients access to a lecture/program he created for businesses to address compliance with existing wage/overtime laws moving forward. The program includes numerous forms to provide to employees, guidelines to follow, existing wage rates and a procedure for receiving credits for meals/lodging and other benefits that the employer provides to its employees. The program can be revised as needed to address the particular needs of the client's business.