212.627.8100Most hourly and many salaried New York workers qualify for overtime pay for putting in extra work beyond the standard workweek. When these employees work beyond forty hours in a week, federal and state wage laws require employers to compensate most workers with overtime pay. For instance, if you work five additional hours on top of the usual forty, you are entitled to receive overtime pay (i.e. time-and-a-half) for these extra hours. Although many New York employers are fair and provide workers with overtime pay as appropriate, some employers either refuse to pay overtime or engage in unlawful employment practices that violate federal and state employment and worker protection laws. As a worker who is struggling with an employer that is not providing you with the overtime pay you have earned, it can be daunting to raise your concerns with the employer out of fear of retaliation or an adverse employment action. Unfortunately, many employees suffer in silence and remain cheated out of the full compensation they rightfully deserve.
If you suspect that you have earned overtime pay and your employer is denying you this compensation, enlisting the guidance of a highly qualified and experienced New York wage and hour attorney is the best way for you to understand your legal rights and options during this challenging and stressful time. Together, you and your wage lawyer can assess the specifics of your situation and identify the most strategic course of action. Let’s take a look at the overtime pay rules in New York and how to spot overtime pay violations so that you can take action and recover the compensation you are owed.
Understanding Unpaid Overtime in New York
There are federal and state wage protections in place to protect workers.At the federal level, the Fair Labor and Standards Act (FLSA) requires that “covered, nonexempt workers be paid not less than time and one-half the employee’s regular rate for time worked over 40 hours in a workweek.” Similarly, the New York State Minimum Wage Orders reinforce the federal overtime pay rules while extending these protections to employees in settings like charter schools, private schools, non-profit corporations, and non-teachers working for school districts. When FLSA violations arise, such as when an employer misclassifies an employee in order to avoid paying them overtime, the affected employee has the right to take action against the employer acting in bad faith. To learn more about how state and federal wage laws are designed to protect you, feel free to discuss your concerns with a highly skilled and caring New York overtime attorney today.
Signs of Overtime Pay Violations in New York
Receiving your paycheck and noticing that your employer failed to include the overtime pay you earned by working additional hours is just one example of wage theft in New York. An employer cannot require its employees to spend time outside of the 40-day workweek performing off-the-clock work without compensating them accordingly. Sometimes, an employer may incorrectly round down the hours an employee worked in order to avoid paying them the overtime pay they have earned. In other cases, employers may have employees work through their breaks, which can be considered a form of unpaid overtime. As an employee who raises these concerns with your employer, you may find that your boss tries to justify their actions or explain away the issue in some way. It’s common to feel intimidated by the thought of pushing back against your employer and advocating for the overtime pay you know you are owed, so it’s often helpful to involve a trusted and experienced New York wage and hour attorney to ensure that you secure the compensation you are owed.
Steps to Take If Your Employer Owes You Overtime Pay
As soon as you suspect that your employer is violating New York’s overtime pay rules, it’s essential to start documenting everything to support these concerns. Keep detailed records of the hours you worked, including the times you began and ended work each day, as well as any overtime hours you logged. Carefully review your pay stubs to identify any inaccuracies or errors. It’s also important to keep records of any communications you have with your employer about the hours you work or other wage-related matters. Once you have compiled this information, you can consider taking the following actions to recover the overtime pay you know you deserve.
Report Your Concerns to Your Employer
Some instances of overtime violations or time theft at work turn out to be simple misunderstandings. When you report your concerns internally, your employer may respond promptly and pay you the overtime pay that is owed to you, resolving the matter right away. However, other employers may dismiss your concerns or even dispute the validity of your request for overtime pay. If this is the case, you will likely need to take further action.
File a Formal Wage Complaint
If you are dealing with an employer that is failing to respond to your concerns, you can file a formal complaint with the New York State Department of Labor (DOL) to recover the overtime pay your employer owes you for the additional hours you worked. Depending on the specific circumstances of your case, you may also decide to file a complaint with the U.S. Department of Labor.
File a Lawsuit Against Your Employer
In some cases, your best strategy may be to file a lawsuit against your employer to recover the compensation you are owed. Although you can move through this legal process on your own, it’s highly encouraged that you hire a skilled and trusted New York wage lawyer to represent and defend your best interests at every stage of the litigation process.
Learn More About Your Legal Rights and Options Today
The highly experienced and dedicated legal team at Levy Ratner is committed to providing effective guidance and creative solutions to clients as they navigate employment-related issues like pay disputes, employment contracts, separation agreements, workplace discrimination, and more. Please reach out to our New York office today at (212) 627-8100 to get started with a trusted and knowledgeable employment law attorney.