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YOUR LEADERS IN EMPLOYMENT LAW

Employment Law Resources for Workers

Use these resources from Fitapelli & Schaffer to explore employee classification, daily pay arrangements, and wage issues in specific industries. Start with the guide that matches your concern, then follow the links for more detail. Federal protections can apply nationwide, while state laws may provide additional rights.

Employee Classification and Overtime Eligibility

These guides explain how worker classification and job responsibilities can affect wage rights. They’re a starting point for understanding your situation, rather than a determination of whether you have a claim.

Daily Pay Arrangements and Overtime

Payment by the day doesn’t automatically resolve overtime eligibility. These resources address daily compensation and the distinction between pay for work and expense reimbursements.

Additional Resources

Talk With an Employment Lawyer 

Have questions about your pay or classification? Contact Fitapelli & Schaffer at (212) 300-0375 for a free consultation. We can discuss your work, pay arrangement, and the laws that may apply to your situation. 

These resources provide general information, not legal advice. Contacting the firm doesn’t create an attorney-client relationship. Don’t send confidential or time-sensitive information through the website form. 

Other Helpful Resources 

FREQUENTLY ASKED QUESTIONS


Where should I start if I’m unsure whether I’m being paid correctly?

Start with the guides on exempt and nonexempt employees and the pay arrangement that matches your job. Compare what you do, how you’re paid, and the hours you work with the issues described in those guides. Industry resources can provide more context, but you’ll need an individual review to determine whether your employer has violated the law.

What do “covered”, “exempt” and “nonexempt” mean for overtime pay?

Covered means the federal Fair Labor Standards Act applies to the employment relationship, through employer coverage or individual coverage. Nonexempt means no applicable overtime exemption removes the employee’s right to overtime under that law. Exempt means a specific legal exemption applies. A covered, nonexempt employee generally must receive at least time-and-a-half pay for hours worked over 40 in a workweek. State law may provide additional protection.

Can salaried employees and assistant managers qualify for overtime?

Yes. A salary or management title alone doesn’t establish an overtime exemption. The applicable legal requirements may include actual duties, salary basis, and salary level, and the requirements differ by exemption. An assistant manager’s day-to-day responsibilities can matter more than the title printed on a pay stub. The assistant manager and exemption guides explain the issues to consider.

Does receiving a 1099 mean I have no right to overtime?

No. A tax form or an independent contractor label doesn’t settle whether you’re legally an employee. The working relationship and the applicable legal test matter. If you were misclassified as a contractor, you may have wage rights as an employee, including overtime rights if you’re covered and nonexempt. Federal and state classification standards can differ.

Do these wage-and-overtime resources apply outside New York?

Many of these guides discuss federal wage protections that can apply across the United States. State law may add protections or use different rules, so your work location matters. A lawyer can evaluate which laws apply to your employment and whether the firm can assist with your matter.

What information should I gather before asking about unpaid wages?

Gather pay stubs, schedules, time records, compensation agreements, and a description of your duties, if you have them. Notes about unpaid work or changes in classification may also help. Don’t assume you can’t seek help because some records are missing. Use the initial contact form to describe the concern briefly; don’t send confidential or time-sensitive information through it.

CONTACT FITAPELLI & SCHAFFER LLP


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Please enter your Employer. Please enter your Name. Please enter your Phone Number. Please enter your Message.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

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