Kim, Lim & PartnersKim, Lim & Partners2026-08-13T03:21:41Zhttps://www.klplawyers.com/feed/atom/WordPress/wp-content/uploads/sites/1503947/2023/06/cropped-fav-icon-Kim-32x32.pngOn Behalf of Kim, Lim & Partners<![CDATA[Is comp time legal in New York?]]>https://www.klplawyers.com/?p=488592026-08-13T03:21:41Z2026-08-13T03:21:41ZComp time, also known as compensatory time off, is a tactic that an employer may try to use to avoid paying an employee for overtime hours that they already worked.
For instance, say that an employee works for 44 hours during the week. They should be entitled to time and a half for the final four hours under New York law. Instead, their employer tells them that they can just come in four hours late the following Monday, believing that this balances out their pay and that overtime pay will no longer be necessary.As a general rule, for non-exempt employees in the private sector, comp time cannot be used. The employee deserves to be paid time and a half and should not be given time off instead. There are some exceptions for exempt workers or those in the public sector, but for most employees, overtime wage rates must be used instead of comp time.
Issues with fair compensation
One of the major issues with comp time is simply that it may not pay the employee a fair amount.In the example above, the employee has earned time and a half. Giving them four hours off only pays them at their standard wage rate. To actually give them time and a half, they would need six hours off.In other words, allowing private-sector employers to use comp time could mean that employees are getting shortchanged, and so it should not be done. They should simply be paid time and a half for overtime hours, and the next work week will be calculated independently.As an employee, if you believe you have been unfairly paid for overtime, it is important to know exactly what legal steps you can take.]]>On Behalf of Kim, Lim & Partners<![CDATA[Microaggressions in a harassment or discrimination case]]>https://www.klplawyers.com/?p=488572026-07-29T21:02:31Z2026-07-29T21:02:31ZSome harassment or discrimination cases revolve around overt and obvious instances where an employee's rights have been violated. If an employer refuses to hire someone based on their race or gender, or fires all employees within that protected class, it could be clear that those employees are facing discrimination.
But in other situations, microaggressions can come into play. These are typically more subtle, and they may be based on everyday interactions. They are often comments, jokes or other actions that, while perhaps not as overt as the examples given above, can still contribute to harassment, discrimination and a hostile work environment.
Identifying microaggressions
In many cases, microaggressions are thinly veiled insults, but they may be disguised as compliments or simply neutral statements. The offending party may later argue that they did not mean to do anything wrong, or that their comment was taken the wrong way.For instance, say that a supervisor says that a female employee has done a great job as a manager, and he is surprised that she has done so well as a woman. Even though this is framed as a compliment, it is reinforcing a stereotype that women should not be in leadership roles.A similar example is if a coworker says that a person from a different racial background speaks surprisingly good English or has an impressive level of education. They are simply reinforcing stereotypes that people from that racial or ethnic background will be less educated or will not be able to speak the language.
Navigating a complex case
These types of microaggressions can certainly be evidence of workplace harassment or discrimination. Employees who are going through such a case must know exactly what legal steps to take to protect their rights.
]]>On Behalf of Kim, Lim & Partners<![CDATA[Is the work clique’s harassment affecting your job?]]>https://www.klplawyers.com/?p=488562026-07-20T20:37:54Z2026-07-20T20:37:54ZSometimes, a work shift can feel as grueling as a day on the set of “Mean Girls.” Relational aggression is the term psychologists chose for the status-manipulating machinations that can leave colleagues isolated and excluded in the workforce.
To be sure, not every work kerfuffle or exchanged side-eye rises to the level of online harassment. In fact, most will not. Learning how you can identify truly pervasive harassment that could break the law can guide your response.
What relational aggression in the workplace may look like
Exclusion from lunch meetings and after-work drink invites can hide a darker reality. Those moments are missed opportunities for colleagues to bond and share ideas. Technically, co-workers aren’t bound to socialize, however.But consistently being left out of email chains or meetings that pertain to work projects is another matter. Document each instance of attempted exclusion. Other relationally aggressive acts include the following:
Sabotage - An erased voicemail, a poached client or being bad-mouthed to the boss are all different ways to sabotage work performance.
The rumor mill - Every office has its scuttlebutt, but if your name is on the wind too often for personal crises or alleged missed deadlines, that’s a real problem.
Stealing your work wins and ideas - Colleagues who are intimidated by your work performance might shadily leave your name off project contributions or portray your ideas as theirs.
But all the above can occur and still not qualify as workplace harassment. So, what does?
A hostile work environment
A few isolated but unpleasant incidents with co-workers will not qualify as actionable workplace harassment. But if these incidents combine to create a pervasively hostile work environment, affected employees (not just targeted victims) may be able to take legal action.]]>On Behalf of Kim, Lim & Partners<![CDATA[3 signs your employer is pocketing unpaid overtime]]>https://www.klplawyers.com/?p=488552026-07-15T12:43:49Z2026-07-15T12:43:49ZYou stay behind or come in for “prep work”
Your employer should pay you for all of your hours worked. But sometimes, employers can get you to work extra time through sneaky ways. Have you ever had to clock out of work, then stay behind to clean up off-the-clock? Another example is a manager who asks you to come in early to make preparations before you begin your shift.
If you must perform tasks that benefit the business, your employer must compensate you for that time. New Jersey law prohibits mandatory pre- or post-shift work without overtime pay.
Employers compensate insufficiently and in cash
When employers do not use traceable means to pay you your wages, you know something is up. Some employers use underhanded tactics to keep overtime hours off official payrolls and financial records. An employer can take advantage of you by bypassing the regular channel used for your standard 40-hour weekly wage.
For example, if you receive your regular wage via check, your company can choose to pay overtime in cash. An employer might choose to pay off-the-record to avoid the state-mandated overtime benefits. This is a common sign of wage theft.
The employer misclassified your role
In an attempt to avoid paying overtime, employers misclassify employees to exempt them. New Jersey exempts some types of workers from overtime work benefits. Exempt professions are mostly salaried white collar jobs or independent contractors. To qualify for a salaried exemption, you must meet rigorous job requirements and a high minimum salary threshold.
Only certain types of employees do not receive overtime benefits, listed below:
Independent contractors
“Outside” field salespeople
Executive and administrative employees
Professional employees
Workers in specific industries (transportation, certain agricultural etc.)
It is illegal to misclassify workers in New Jersey. If an employer labels you as a “supervisor” or “manager”, but you perform basic duties, they may be misclassifying you. If an employer calls you an “independent contractor”, but directs or controls your work, it could be a telling sign.
Fighting for your benefits
Your overtime benefits are a legal right in New Jersey. These rights protect you from unethical work conditions and ensure that your employer will properly compensate you for your contributions. If you suspect that an employer is pocketing your rightful wages, seek legal assistance. A proper legal advocate can prevent the exploitation of your skills and talents.]]>On Behalf of Kim, Lim & Partners<![CDATA[Can a ‘no-overtime’ policy affect workers’ wage rights?]]>https://www.klplawyers.com/?p=488542026-07-09T14:57:32Z2026-07-09T14:57:32ZInternal policies guide scheduling, not payroll
Employers control how many workers they hire and how many hours each employee has to work. Most of the time, they are under no direct obligation to schedule workers for a certain number of hours. They also have no legal requirement to allow workers to put in more than 40 hours.
However, if employees are on the clock for long enough to qualify for overtime, then employers have a legal obligation to pay them in accordance with the law. The company's policy prohibiting overtime does not justify a refusal to pay a worker’s earned wages or to alter their time clock records so that they appear to have worked 40 hours or less.
Employees denied the overtime wages they have already earned may potentially have grounds for a wage claim. Documenting time worked and comparing those records with paychecks can help professionals to better ensure they receive the pay they’ve earned because they have worked longer than usual.]]>On Behalf of Kim, Lim & Partners<![CDATA[Work injuries often lead to claims of misclassification]]>https://www.klplawyers.com/?p=488532026-06-20T13:30:17Z2026-06-20T13:30:17ZWhat worker misclassification entails
Businesses can hire people indefinitely as employees or temporarily for projects if they work as independent contractors. Sometimes, employers have workers fill out paperwork as though they are independent contractors but then treat them like employees.
That is unlawful worker misclassification. The company avoids obligations to misclassified employees, including the need to pay overtime wages and the duty to comply with workers’ compensation requirements.
If professionals can prove that they are actually employees after a work injury, they may be eligible for workers’ compensation benefits. The process of proving misclassification can be relatively complex, and many workers need legal support to show that they are truly employees, not actually contractors.
Reporting a work incident and talking with an attorney can help injured professionals understand and make use of their rights. Workers who fight misclassification can pursue the workers’ compensation benefits that they need and deserve after getting hurt on the job.]]>On Behalf of Kim, Lim & Partners<![CDATA[Are workplace dress codes legal?]]>https://www.klplawyers.com/?p=488522026-06-14T18:20:39Z2026-06-14T18:20:39ZWhen could a dress code be illegal?
One issue that can sometimes crop up with dress codes is when they are discriminatory. This could mean that they are illegal because they are violating employees' rights as members of a protected class.
For instance, say that an employer creates a dress code for all female employees, but men are told they can wear whatever they want. Women are then being discriminated against based on their gender, which is illegal.
Say that an employer institutes a dress code prohibiting a certain type of religious attire. Technically, all employees are bound by the same rule, but only certain employees are going to be affected. They may claim that it is a form of discrimination based on their religious affiliation.
A dress code can be problematic. Employees who feel their rights have been violated need to know what legal steps to take.]]>On Behalf of Kim, Lim & Partners<![CDATA[Does the FLSA apply to remote workers in other states?]]>https://www.klplawyers.com/?p=488512026-06-05T07:52:53Z2026-06-05T07:52:53ZUnderstanding your federal wage rights
Because the FLSA is a federal statute, its protections extend nationwide and do not depend on the state in which you reside. A remote employee working from another state generally remains subject to the same standards that govern a colleague reporting to a New York office.
Coverage typically turns on the nature of the work and the scale of the employer rather than the employee's residence. Enterprises with at least $500,000 in annual sales, and at least two employees whose duties involve interstate commerce, ordinarily fall within the law's reach.
For most covered employees, the statute establishes a wage floor and requires overtime pay at one and one-half times the regular rate for hours worked beyond 40 in a week. That overtime entitlement, however, extends only to nonexempt workers, since salaried employees who satisfy the federal duties and salary tests fall outside its scope.
Recognizing stronger state-law protections
Federal law operates as a minimum standard rather than a ceiling, which permits individual states to extend broader protections. New York, for instance, maintains a minimum wage that exceeds the federal figure, along with its own overtime and pay-frequency requirements.
This interaction carries weight for remote employees, since state law may govern meal periods, pay timing and final wage payments where federal law is silent. Where state and federal provisions diverge, the standard more favorable to the employee usually prevails.
Pursuing unpaid compensation
If your pay falls short of what the law requires, one route runs through the U.S. Department of Labor, whose Wage and Hour Division investigates complaints without charging a fee. A federal claim carries a two-year deadline, which extends to three years when a violation is willful.
For work performed in New York, you can also file a Claim for Unpaid Wages, Form LS 223, with the state Department of Labor, either online or by mail. New York permits most wage claims to reach back six years, a notably longer window, and the agency typically responds with a case number within 25 to 30 business days.
A private lawsuit offers a separate path, either instead of or alongside an agency complaint. A successful claim under the FLSA can recover the unpaid wages plus an equal amount in liquidated damages, together with attorney fees and court costs, though recovering back wages through the agency first can foreclose that option.]]>On Behalf of Kim, Lim & Partners<![CDATA[Jokes can still be sexual harassment]]>https://www.klplawyers.com/?p=488492026-05-28T18:06:14Z2026-05-28T18:06:14ZOne of the most common excuses that people give when accused of sexual harassment is to say that they were just making a joke.
For instance, say that a coworker says something disparaging about you based on your assumed sexual orientation or your gender. You are offended, and you immediately bring it up to them and say that this was unacceptable behavior.But then they turn things around and say that you just do not have a sense of humor. They claim they were just joking and that you did not get the joke, so you are taking it way too seriously.
2 issues with this excuse
This is a common excuse, but there are multiple reasons why it does not hold up. For one thing, even a joke can be sexual harassment. Perhaps the person genuinely thought that what they said was funny, and they expected a laugh from their other coworkers. But if they are repeatedly making these types of comments, it can create a hostile work environment.Secondly, they may be lying. People will often say things that are offensive and just claim that it was a joke after the fact as a way of gaslighting the victim into believing they have not been harassed. But the reality is that they were not joking the entire time. They are just making excuses for their behavior.
Exploring your legal options
You should not have to work in a hostile work environment, and you should never have to experience sexual harassment on the job. If these things do happen, then it is important to understand exactly what legal options you have and what steps you can take moving forward.
]]>On Behalf of Kim, Lim & Partners<![CDATA[Workers have rights when customers sexually harass them]]>https://www.klplawyers.com/?p=488482026-05-16T03:53:08Z2026-05-16T03:53:08Zaddress all workplace sexual harassment, including harassment that may come from customers. Those working in retail jobs or in the hospitality sector are particularly likely to receive unwanted advances from customers. When mild flirting crosses the line to become sexual harassment, workers have certain rights.
The employer needs to intervene
Keeping the customer happy is important, but businesses must also prioritize consistent compliance with all relevant workplace statutes. No workers should have to endure sexual harassment as a condition of maintaining their position with a company, even if the harassment comes from customers.
Workers have the right to report the harassment they experience to their supervisor. They should receive support from the company and the manager on duty.
A manager can delegate responsibility for certain customers to other workers or assume that responsibility to protect their subordinates. In more extreme cases involving unwanted touching or repeated misconduct, employers can ban customers from the business due to their treatment of workers. Ignoring a worker's credible report of customer harassment or punishing them for speaking up could expose the employer to liability for allowing the harassment to continue.
Employees who have lost their jobs or endured harassment on the job may have grounds for a sexual harassment lawsuit. They may need legal support while communicating with their employers, following reporting procedures or filing a lawsuit. Reviewing customer harassment with an employment attorney can help frustrated workers understand and assert their rights.]]>