Queens Overtime Attorneys

Fighting Against Overtime Violation Matters in New York

By land size, Queens is the largest borough, and with more than 2 million residents, it is the second-most populous after Brooklyn. Queens is home to the New York Mets and supports a diverse population. With 15 percent of the jobs in New York City, Queens also is a major contributor to the New York economy. Because so many people work in Queens, overtime and wage issues often arise. Federal and state law mandate that employers pay eligible employees overtime wages. The Queens overtime lawyers of Phillips & Associates, PLLC, have a comprehensive understanding of the overtime laws that affect New Yorkers and can assist you if your employer has not paid you the overtime wages you have earned.

Call Phillips & Associates, PLLC today at (866) 229-9441 or contact us online to schedule a consultation with our overtime lawyers in Queens.

Eligibility for Overtime Wages 

Workers in New York are entitled to overtime wages if they work more than 40 hours in a single seven-day workweek. This is the only measure of work that matters when it comes to overtime. For every hour in a week an employee works in excess of 40, the employer must pay an overtime wage of 1.5 times the normal wage. Although most employees qualify for overtime wages, some do not.

What are Some Exemptions from Overtime Pay? 

The Fair Labor Standards Act (FLSA) is the federal law that regulates overtime in the United States and New York. The FLSA says that all workers are eligible to earn overtime unless their job duties fall into one of several exempted categories. These workers are called exempt employees.

Some of the categories are:

• Administrative workers;
• Professionals, including teachers;
• Executives;
• Commissioned and outside salespeople;
• Some computer professionals;
• Taxi drivers;
• Movie theatre employees;
• Domestic employees who live with their employers; and
• Airline employees.

There are several more categories, but these categories cover the majority of exempt workers. If you have questions about whether you are an exempt employee, contact an experienced unpaid overtime attorney in Queens.

Although some people believe that employees who are paid a salary are automatically exempt, salary has no part in determining whether an employee is exempt or nonexempt — only job duties matter. Therefore, salaried workers may be nonexempt and eligible to earn overtime. On the other hand, some hourly workers' job duties may fall into an exempt category, making them exempt employees and not overtime eligible.

How to Recover Unpaid Overtime 

A nonexempt worker whose employer has deprived her of overtime wages can file a claim to collect those back wages. In addition to back pay, the employee can collect liquidated damages, which in FLSA claims are equal to the amount of back wages owed. Therefore, a successful plaintiff can seek a total of twice the amount of wages owed.

FAQs About Overtime Violations

What Are Common Signs of Overtime Violations?

Signs of overtime violations can include consistent discrepancies in paychecks, being forced to work off the clock, and misclassifying job roles. If your hours worked are not reflected accurately in your pay, it is a potential indicator of an overtime issue. Employees should monitor their time sheets regularly and raise concerns with their employer to address any discrepancies. Misclassification as an exempt employee when your duties do not meet the exempt status is another sign to be aware of.

How Can Employees Address Unpaid Overtime?

Addressing unpaid overtime often begins with gathering all pertinent documentation, such as timesheets, schedules, and pay stubs. Employees should discuss discrepancies with their employer as a first step. It may be beneficial to seek legal advice to explore options for recovering unpaid wages if unresolved. Legal avenues include filing a complaint with the New York Department of Labor or seeking representation from an unpaid overtime lawyer in Queens.

What Is the Statute of Limitations for Overtime Claims in New York?

In New York, the statute of limitations for filing an overtime claim under the FLSA is generally two years, or three years for willful violations. For state law claims under New York Labor Law, the statute of limitations can extend up to six years. Employees must act promptly in addressing potential claims to ensure their rights and wages are protected.

Can an Employer Retaliate Against an Employee for Filing an Overtime Claim?

Under both federal and New York law, it is illegal for employers to retaliate against workers for asserting their rights to fair wages, including filing overtime claims. Retaliation can take many forms, such as unjust termination, demotion, or workplace harassment. Should retaliation occur, employees have the right to seek legal recourse. Phillips & Associates, PLLC is dedicated to safeguarding employees from retaliatory actions and will work to hold employers accountable.

Contact Our Overtime Lawyers in Queens Today

All nonexempt employees must be paid overtime for hours worked in excess of 40 in a week. Employers who fail to do so are breaking U.S. and New York law. If you believe that you are a nonexempt employee, and your employer has not paid you overtime that you earned, contact one of the Queens overtime attorneys at Phillips & Associates, PLLC. 

To schedule a free case evaluation with our Queens overtime attorneys, call (866) 229-9441 or visit our contact page.