Live-In Superintendents Must Get Overtime Pay
The U.S. Department of Labor has recently stated that live-in superintendents must earn overtime wages from their employers according to federal law. These employees are advised to keep personal records of all hours worked. Live-in superintendents should earn time and a half their usual rate of pay for any hours worked over 40 in a given workweek.
Conflicting federal and state laws
There has been recent confusion on whether conflicting federal or state laws apply to live-in superintendents. Under New York’s state law, the Building Service Industry Minimum Wage Order, live-in superintendents are not required to be paid overtime. Under federal law, the Fair Labor Standards Act (FLSA), live-in superintendents must be paid overtime wages. Recently, the U.S. Department of Labor issued a statement that the federal law supersedes the state law. Therefore, even in New York, live in superintendents must earn overtime pay as federal law requires.
Can My Employer Make A Different Overtime Deal With Me?
Usually, the answer is no. If you are covered under the FLSA, then your employer cannot bargain with you to pay less than the federally required overtime amount. Too often, employers illegally “cut a deal” with employees to avoid paying overtime rates. This practice is against the law, and you must be paid overtime wages if you are covered by the FLSA.
What Happens When Superintendents Aren’t Paid Overtime
Usually, if the employer has not kept a record of the superintendents hours worked, the employer is liable to the employee for any unpaid overtime wages the employee claims to have worked, plus double the amount in wages owed, and the employee’s attorneys’ fees. Therefore, it’s important that live-in superintendents keep detailed records of all hours worked in order to take legal action to regain unpaid wages. Generally, for an employee who resides on the employer’s premises, working hours do not constitute normal private endeavors on the premises, such as eating, sleeping, or other periods of complete freedom from all work duties. Another option is for the employer and employee to establish a “reasonable agreement” which determines what hours on the premises constitute hours worked. If you are unsure whether you qualify for overtime pay, you should speak to an experienced employment attorney.
New York Wage Theft Prevention Act
Another similar violation that live-in superintendents often face occurs under the New York Wage Theft Prevention Act. This violation occurs when the employer fails to provide a superintendent with a hiring notice that discloses certain required information, such as an hourly pay rate and overtime pay rate. Employers with overtime violations often commit NY wage theft violations as well. Under the New York Wage Theft Prevention Act, employers can be liable for up to $5,000 for each violation, depending on how long each violation lasts.
Seek Legal Assistance Today
If you have not been paid your rightfully earned overtime wages, seek legal assistance today. The Law Office of Christopher Q. Davis, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.