Employers often engage in illegal pay practices that financially harm employees in favor of making the owners and business money. Workers are often misclassified as “managers”, “assistant managers”, or “independent contractors” so the company can avoid their obligation to pay workers overtime. Others simply forget or refuse to properly compensate their employees for the overtime hours they’ve worked by adjusting hours or requiring off-the-clock work. The Long Island and New York City Unpaid Overtime Attorneys at Leeds Brown Law, P.C., have successfully represented thousands of victims of wage and hour violations in hundreds of class and collective actions. If you are technically non-exempt from overtime pay, but your employer has not compensated you at a rate of 1 ½ your regular pay for the additional time you’ve worked over 40 hours in a given workweek, it may be time to take legal action. You may be entitled to monetary damages, penalties potentially doubling the amount of money you are owed, plus interest and attorney’s fees.
Workers in New York are protected by the Fair Labor Standards Act (FLSA) as well as the New York State Labor Law and the governing regulations. Employees across the country are protected by the FLSA regardless of whether the work was performed in California, Florida, North Carolina, or Iowa. The foundational provision of the FLSA and the New York Labor law aim to make sure employees receive overtime pay as well as the minimum amount employers must pay their non-exempt employees for overtime hours worked.
Employers often engage in a plethora of unlawful pay practices to avoid their obligation to pay workers overtime. Here are just a few examples:
Your job duties dictate whether you are exempt or non-exempt from overtime pay – not your job title. You may hold the job title as “Manager” or “Assistant Manager”, but are all your job duties managerial in nature? Managers are much more autonomous than most of their workers with respect to job duties. They oversee the overall operations of the company. Employees, on the other hand, perform day-to-day, administrative duties which are generally dictated by their supervisor(s). If you are a “manager” or “assistant manager” but you find yourself performing administrative work, you may be entitled to overtime pay.
Misclassified as An Independent Contractor?
An employer may misclassify an employee as an independent contractor to avoid paying them overtime hours. There are key distinctions between independent contractors and employees. For example, independent contractors are generally paid on a freelance basis and are exempt from overtime pay. Employees, however, are not always exempt and are paid either on an hourly or salary basis.
Some bosses will demand that non-exempt employees clock out but continue to work. For example, restaurant employees may be told to clock out before they begin cleaning the restaurant and preparing it for the next day. If you are non-exempt from overtime pay and your employer is demanding you work off the clock, you may have a claim against your employer.
Listed above are only three of the many tactics employers use to avoid paying their workers earned overtime pay. If you believe you are due overtime pay but are not being compensated properly, consult with our Long Island or New York City Unpaid Overtime Attorneys today.
If you believe you are entitled to overtime pay and are not receiving proper compensation, you may want to consider expressing your concerns in written documentation to your employer or a Human Resource representative. Your employer may remedy the issue. It is unlawful for your employer to retaliate against you in any form (ie., termination, demotion, denial of a promotion, etc.) for reporting your concerns. It is your right to do so. Should your employer take adverse action against you for reporting your concerns, you may have an additional claim for employer retaliation.
If you are working over 40 hours in a given workweek and are not receiving proper overtime pay, it may be time to take legal action. Contact our Long Island and New York City Unpaid Overtime Attorneys for a free, confidential consultation. Our attorneys have a broad, comprehensive understanding of the numerous wage and hour laws in New York and can evaluate your potential claim in confidence. Don’t let yourself fall victim to unlawful pay practices. Leeds Brown Law can fight on your behalf and handle your claim professionally, aggressively, and with your best interests in mind. Contact us today via email or call us at (212) 661-4730 or (516) 873-9550.
Successfully securing unpaid overtime and other wages for employees in New York City, Long Island, and the surrounding counties is the central focus of Leeds Brown Law, P.C.’s employment rights practice.
There are state and federal rules that govern overtime, and key provisions are in the federal Fair Labor Standards Act (FLSA). While there are some employees who are not entitled to receive overtime pay, the exemptions are narrow. Most workers across the nation have the legal right to receive additional wages when they put in extra time at work.
If you are unclear about your rights under the FLSA or New York State Labor Law, consider speaking with our attorneys. We can help determine if you are supposed to be receiving overtime, calculate what your employer owes you and assist you to recover your wages. Whether your employer is purposefully withholding your pay or is not sure of the laws, Leeds Brown is here to negotiate on your behalf or file an unpaid wage claim to collect your hard earned money.
The belief that you should receive fair pay for all of the time that you perform work is at the heart of many of our country’s wage and hour laws. In fact, the laws ensure that if you have the right to receive overtime pay, you may not waive it. If you are not exempt from overtime under New York State Labor Law or the FLSA, it may be unlawful for your employer to try to secure a waiver or other agreement that attempts to absolve it of its overtime responsibilities. If you have entered into such an agreement, it may not be enforceable.
The FLSA is the law that sets the national bar for minimum wages and overtime. The law states that an employee who meets eligibility requirements must be paid overtime for all hours worked in excess of 40 in a given workweek. Overtime is paid at the rate of one and a half times the regular rate of pay. In other words:
An eligible employee whose regular hourly rate of pay is $12, will earn $18 for every hour worked over 40 in a set workweek. If the employee works 44 hours in a workweek, 40 of the hours will be paid at $12 per hour, and four will be paid at $18.
Complicated? It can be for a worker who is not sure of the rules or for an employer who doesn’t wish to pay the premium the law requires for extra time at work. At Leeds Brown, we have the experience to calculate the proper rate of your overtime pay and make sure you receive all wages you rightfully earned.
There are jobs that pay different rates for different tasks, which can make calculating overtime pay especially tricky. For instance, you may work for a hospital as a groundskeeper for 16 hours a week at $12 per hour and as a heating maintenance person for 30 hours at $20 per hour. Finding the regular rate of pay, which is necessary to calculate overtime, requires finding the weighted average of the rates. If the amount of time you spend at each task varies as well, your regular rate of pay must be recalculated each work week to determine the rate of overtime.
When determining the rate of overtime pay for salaried workers, you first you need to figure out what the regular rate of pay is. Of course, there are employers who assume that paying an employee a salary makes them automatically exempt from overtime benefits. This is simply not the case. The fact of a salary alone does not determine whether you receive overtime. If you earn a salary and are not getting paid overtime, let us know. We fully understand the complex regulations that govern exemptions and can determine if you have rights to overtime.
Assuming a salaried employee is eligible for overtime pay, how do you calculate the rate? To determine the regular rate of pay, you must take the weekly salary and divide it by the total number of hours worked. Overtime is that rate plus half. For example, if you earn a weekly salary of $500 and you work 50 hours in a given workweek, your regular rate of pay is $10 per hour. Your overtime rate is $15.
There is a lot of room for employers to make errors when calculating overtime for salaried workers. It is important for you to know what you are legally entitled to receive so you can protect your rights and collect the correct amount.
Determining what makes up a workweek is essential to knowing how many hours of overtime you worked and for which you should receive pay. If you have a 9 to 5 job Monday through Friday, your work week is easy to figure out. But, there are many workers out there who do not work a regular 9-5 job. They may work the night shift, have a few days on and a few days off, or work five different consecutive days. A workweek can be different depending on what you do and where you do it.
The legal definition of a work week is any seven consecutive 24 hour periods or a recurring period of 168 hours. A work week can begin on any day, at any time of the day. For instance, your workweek may be from Saturday to Wednesday, and someone else’s may be from Thursday to Monday.
Wage and hour rules and regulations are voluminous and complicated. Employment lawyers at Leeds Brown have the skill to navigate an unpaid overtime claim and recover all of the wages to which law entitles you. Remember, you have the right to receive payment for every hour you perform work. If your employer is withholding any payments – overtime pay, regular hourly pay or gratuities, let us know. Our clients in New York City and the entire metro area benefit from our decades of experience working with employees and helping to secure fair resultness.
If you are interested in pursuing a claim against your employer in New York, contact Leeds Brown, attorneys representing workers in unpaid overtime and wage claims. You can reach us 24/7 by calling our office at 1-800-585-4658. Call today for a free evaluation of your case.
New York overtime attorneys, like the ones at Leeds Brown, can help when you are uncertain about whether or not the complex overtime rules and regulations apply to you. There are federal laws, including the Fair Labor Standards Act (FLSA) that, along with New York State laws, determine who is entitled to overtime pay.
Only qualified employees are entitled to receive overtime and exactly what this means can be confusing. Determining where you fall can be tricky. This is especially true if you work for someone who is trying hard to avoid paying overtime.
Unfortunately, there are employers out there who try to take advantage of workers who don’t know about or understand the rules that govern wages. There are also employers who may make honest mistakes that need to be rectified. Either way, there are workers not getting money they fairly earned.
If you are an employee and think your employer may not be paying you properly, it may help to speak with an experienced wage and hour lawyer or unpaid overtime attorney at Leeds Brown. You can reach someone at our office twenty-four hours a day, seven days per week. Our New York wage hour attorneys are here to help hard workers like you recover the compensation you deserve.
New York overtime laws are found in The New York State Minimum Wage Orders. These laws are applicable in addition to the federal laws in the FLSA. In other words, New York employers are bound by both laws. The laws both require that employers pay qualified employees “1 ½ times their regular rate of pay for all hours worked over 40 hours in a workweek.” There are certain residential employees who must be paid overtime for all hours worked over 44 hours in a workweek.
New York overtime laws cover more workers than the FLSA. Employees who are entitled to overtime pay under NYS law but not the FLSA are entitled to 1 ½ times the state minimum wage for their overtime. Their regular hourly rates of pay do not factor into the overtime calculations.
Figuring out overtime sounds easy. You work over 40 hours and you get time-and-a-half. However, there are various exemptions to the overtime rules and employers routinely look for ways to “exempt” employees who are actually qualified to receive it. If an employee is exempt, then the employer does not have to pay overtime.
There are certain categories of workers who are always entitled to overtime pay and may not be exempt even if it seems like they should be. For example, firefighters, the police, paramedics, park rangers, state troopers, probation officers and other first responders are always entitled to receive payment for overtime.
The same is true for “blue collar” employees. Blue collar workers include “workers who perform work involving repetitive operations with their hands, physical skill and energy. Also non- management workers in production, iron workers, craftsmen, longshoremen, construction workers and laborers, maintenance, construction, and similar occupations such as carpenters, electricians, mechanics, and plumbers. No matter how highly they may be paid, these employees are always entitled to receive over time if they have earned it.
Under the FLSA, workers are exempt from overtime rules if they fall into one of many categories. For example, taxicab drivers, part time babysitters, camp counselors and farm laborers are exempt from overtime. Outside sales people and people who work for the government also do not qualify for overtime. There is a creative professional exemption, a computer employee exemption, and a highly compensated employee exemption. There are also, are executive, professional, administrative, and computer employee exemptions. Employees who fall into these categories or classifications of workers are not legally entitled to overtime pay.
These particular exemptions leave much room for interpretation and have been the subject of much litigation. We often see employers placing employees into a “role” in which they don’t actually belong. There is a test for each exemption as set forth by the US Department of Labor and, in order to be truly exempt from overtime, an employee must meet every one of the criteria in each category.
To qualify for an executive exemption the employee must meet the following criteria:
To qualify for an administrative exemption the employee must meet the following criteria:
To qualify for a professional exemption an employee must meet the following criteria:
To qualify for an outside sales exemption an employee must meet the following criteria:
To qualify for the computer employee exemption the employee must meet the following criteria:
New York overtime attorneys at Leeds Brown can help if you think you are owed payment for overtime. Everyone deserves fair compensation for their hard work. Our overtime lawyers know this because we work hard too. We work our hardest when our clients are not being paid fairly. Let the experienced and compassionate New York City wage hour lawyers at Leeds Brown work hard for you. Give us a call and find out if you are entitled to overtime. We can be reached 24 hours a day at 1-800-585-4658.
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