New York Overtime Violation Lawyers

Serving Clients in New York, New Jersey, Pennsylvania, & Florida

Overtime laws are straightforward, yet many employers violate them. If you have been wrongly denied overtime pay, contact the overtime attorney in New York at Phillips & Associates for a free, confidential consultation.

Understanding New York Overtime Pay Laws

If you work in New York State - or anywhere in the Tri-State area - the rules governing overtime payments are straightforward. If you are covered by these laws, your employer must pay you one-and-a-half times your regular pay rate for all hours over 40 in a week. This overtime rate means that, for example, if you normally earn $20 per hour, for overtime hours, you must be paid $30 per hour. A week is defined as a regular seven-day consecutive period. These standards are set by the federal Fair Labor Standards Act (FLSA).

There are many misconceptions about overtime wage laws. Some believe they are entitled to overtime pay for hours beyond eight in a day, more than five days a week, or weekend work. Others expect double-time for hours over 60 weekly or beyond 10 daily. Each is incorrect. Workers may negotiate these benefits with employers, and some, particularly those in unionized jobs, receive them. Some states, like California, offer additional protections, but in New York, no overtime laws beyond the basic one exist.

Another common source of confusion exists among workers who are not paid an hourly wage. Many assume that if they are not paid by the hour, they are not entitled to overtime pay. This is also incorrect. Workers who are paid a salary, paid by the piece, or by any other method are nonetheless entitled to overtime pay. Employers cannot simply reconfigure the manner in which compensation is paid in order to evade the protections to workers provided by FLSA. However, some issues with calculating overtime wages do exist where a worker is paid largely by tips or where a worker resides with his or her employer.

Recent Changes in New York Overtime Regulations

New York State attentively monitors employment practices to ensure fair worker treatment, particularly regarding overtime pay. Recent labor law amendments aim to strengthen overtime regulation enforcement, creating a more robust framework for employee protection. Increased penalties for employers who willfully violate overtime laws aim to deter violations and ensure employees receive due wages.

The state has also increased efforts to provide education and resources to both employees and employers. Workshops and seminars are regularly conducted by the New York State Department of Labor to enhance understanding of overtime laws. By doing so, the state aims to minimize wage theft and misclassification, prevalent issues in densely populated, diverse employment sectors like New York City.

Assessing Your Overtime Claims with Local Resources

When handling disputes over unpaid overtime, leveraging local resources can be beneficial. New Yorkers have access to labor advocacy groups and legal aid organizations offering guidance and support. These organizations, often based in New York City, provide workshops and consultations to help workers understand their rights and gather the necessary documentation to substantiate their claims.

Are You Covered by Overtime Laws?

An important area of confusion is whether a worker is covered by overtime laws. Not everyone is covered. Independent contractors, by definition, are not entitled to overtime. Further, the FLSA contains exceptions for certain types of workers, including executive, administrative, professional, outside sales, and certain computer-related employees. Whether an individual fits within one of these exceptions requires an in-depth analysis of the duties and responsibilities of the employee. An employer's title such as "administrator" or "outside salesperson" does not determine exemption from overtime laws. It is important to consult an attorney to determine whether you fall within one of these exceptions.

To better determine eligibility, employees should understand the nature of exemptions, which often factor in salary thresholds and specific job duties rather than just job titles. For instance, employees earning below a certain salary limit might still qualify for overtime, even if their job description fits an exempt category. Misclassification remains a significant issue, prompting workers to stay informed and vigilant regarding their rights and employer practices.

Experienced New York Employment Law Attorneys

Even when employees are clearly entitled to overtime pay, many employers try to evade this responsibility. To protect your right to fair and full pay, consult with an overtime lawyer in New York. The attorneys at Phillips & Associates, PLLC have successfully handled numerous unpaid overtime claims and other cases of improper employer conduct. We understand how to investigate and pursue claims your employer may want to conceal. 

Contact us today for a confidential consultation at (866) 229-9441. 

• Filing an Overtime Claim
• FLSA Overview

Filing an Overtime Claim with a New York Attorney

Filing an overtime claim can be straightforward when you understand your rights and the procedures involved. It begins with meticulously documenting your work hours, gathering evidence of hours worked versus hours paid, and identifying discrepancies. This documentation is essential in substantiating your claim. Upon gathering your evidence, consult a knowledgeable employment attorney to evaluate your claim's validity and strategize the next steps, whether negotiation or litigation.

New York Attorneys Knowledgeable in Employment Disputes

This country was founded on the premise that a person can earn a living by working hard, and federal wage laws make this possible. Unfortunately, when employers flout the laws, employees must fight back to protect their rights. The dedicated employment lawyers at Phillips & Associates have extensive experience helping New York workers collect the wages they have toiled hard to earn. Let us help you assert your rights.

Employment disputes often involve complex legal and practical challenges, requiring a nuanced understanding of legal standards and underlying employment practices. Our firm offers a deep dive into your workplace conditions and policies, ensuring every angle is explored to uphold your employment rights effectively.

Federal Law Requires Overtime Pay

The Fair Labor Standards Act (FLSA) requires employers to pay eligible workers overtime. If a nonexempt employee works more than 40 hours in a seven-day workweek, the employer must pay the employee an overtime wage of time and one-half for each of the overtime hours. The New York State Department of Labor applies the FLSA rules to workers in this state.

Beyond the basic payment structures, adherence to federal law is crucial for maintaining employer accountability. By staying vigilant and informed about your rights under the FLSA, you can ensure your employer meets their legal obligations, securing your full and rightful compensation.

There are many reasons why an employer might not pay overtime in accordance with the FLSA. Some mistakenly believe that salaried workers are not entitled to overtime. Others may intentionally misclassify exempt employees by giving them misleading job titles intended to disguise them as exempt. No matter the reason, however, these employers are violating the law, and their workers are entitled to collect back wages.

To combat these violations, workers are encouraged to become familiar with the specifics of their employment contracts and regularly review their compensation statements. Recognizing and challenging any discrepancies early can prevent further infractions and secure the compensation you rightly deserve.

Overtime Claims Are Limited to Two Years

Employees owed back overtime wages can be collected by filing a lawsuit against their employer. The FLSA limits the recovery of overtime wage lawsuits to two years of back pay. In other words, an employee may recover wages dating back no further than two years from the filing date. 

Therefore, it is important for a worker owed overtime pay to contact an attorney as soon as possible.

For those employers exhibiting willful misconduct, the claim window can extend to three years. It is imperative that employees act swiftly, as waiting too long may make it more difficult to recover the overtime they are owed. Partnering with an attorney early can help preserve critical evidence and bolster your claim.

Workers Can Recover Wages & Additional Damages

Employees who bring a successful suit are entitled to collect the back wages owed to them. Additionally, they can collect liquidated damages, a legal term for fixed compensation. The FLSA sets liquidated damages in overtime wage lawsuits at the amount of back wages owed. Therefore, total damages an employee could win equal twice the back wages owed.

Securing these additional damages deters employers from repeating unlawful behaviors while providing workers with the relief necessary to address any financial stress caused by withheld wages. Understanding these potential outcomes can motivate a fairer resolution and close any financial gaps from prior infractions. In addition to wages and liquidated damages, workers who win their overtime wage suit can also collect attorney fees and court costs. This prevents workers from having to dip into their winnings to pay their lawyers and litigation costs.

Multiple Employees May Band Together

Even if an employee is not owed a large number of back wages, it may still make sense to file a lawsuit. Often, employers who violate the FLSA for one worker do so for many others, making it possible for multiple employees to join together and sue the employer for wages owed to each of them. This is often a more efficient way to litigate a case. If you believe your employer may owe you and your coworkers back wages, ask an attorney for advice.

Collective actions not only amplify the voices of several aggrieved employees but also enhance the legal pressure on employers to resolve wage discrepancies transparently and fairly. By joining forces, employees might expedite the resolution process and achieve a stronger settlement than pursuing individual claims.

Consult Experienced Employment Lawyers Serving New York Workers

Employers often will not comply with the law voluntarily and should face consequences if they do not. This means you may need to enlist the services of knowledgeable employment attorneys at Phillips & Associates. We have helped many workers in Manhattan and the other boroughs of New York hold employers accountable for violating federal law. Call (866) 229-9441 or fill out our contact form to schedule a free case evaluation.

Frequently Asked Questions About Overtime Laws

How Can I Prove My Employer Did Not Pay Me Overtime?

To prove an employer did not pay overtime, maintain meticulous records of your hours worked and compare them against your pay stubs and employment agreement. Document any communication regarding work expectations, especially if you were requested to work extra hours. Additionally, gather any witness statements from coworkers who can support your claims. Present these records to a qualified employment attorney who can help evaluate and substantiate your claim. These documents and strategies will be crucial when presenting your case during mediation or in court.

What Should I Do If My Employer Retaliates for Filing an Overtime Claim?

If your employer retaliates against you for filing an overtime claim, document any actions taken against you, such as demotions, terminations, or other unfair treatment. Retaliation is illegal under both federal and state laws. Immediately report these actions to your attorney, who can advise on filing a separate retaliation claim. In New York, various worker protection laws provide robust mechanisms to defend against such retaliatory measures, preserving the employee's rights and employment status while the primary claim is being addressed.

Are There Different Overtime Rules for Salaried Employees?

Yes, salaried employees can be eligible for overtime pay, depending on their job category and salary level. The Fair Labor Standards Act (FLSA) specifies that nonexempt salaried employees must receive overtime pay when they work more than 40 hours in a workweek. For employees in New York, it's crucial to assess whether your salary position truly meets the exemption requirements or if overtime pay is unjustly withheld. 

Can I File an Overtime Claim If My Employer Misclassifies My Employment Status?

Absolutely. Misclassification is a common tactic employers might use to avoid paying overtime. If you believe your job role or classification was manipulated to deny you due compensation, it is your right to contest this action. Present your job description, duties, and records of communication regarding your employment status to an employment attorney, who can guide you through filing a claim. Addressing misclassification not only helps recover unpaid wages but also ensures rightful classification for future work conditions.

How Does New York State Enforce Overtime Payment?

The New York State Department of Labor enforces overtime payment through audits, investigations, and penalties against non-compliant employers. They conduct inspections and respond to complaints from workers to ensure employers adhere to labor laws. Employers found in violation face severe penalties, including substantial fines and, in extreme cases, business closure. New York's proactive approach underscores its commitment to protecting worker rights and ensuring fair compensation practices are upheld across the state.