If you work in New York City, on Long Island or elsewhere in the metropolitan area, chances are you should be getting overtime pay. If you aren’t, consider contacting unpaid overtime attorneys at Leeds Brown for a free consultation. Our wage and hour lawyers have spent decades recovering money for workers and holding employers accountable when they violate one of the many regulations. We are not afraid to stand up to small businesses or large enterprises, and advocate for what is right. We can help you understand how overtime laws apply to you and guide you toward a fair resolution of your unpaid wage claim.
Under various New York State Wage Orders and the Fair Labor Standards Act (FLSA), overtime pay means that qualified employees receive one and a half times their regular rate of pay for all hours worked over 40 in a workweek.
Federal and State rules vary in some respects, and where State rules provide more protection and coverage, it is the state laws that govern. In other words, if an employee is not entitled to receive overtime under the federal legislation but is under state law, the employee must be paid overtime wages.
Employers routinely try to fit workers into one of the few exemptions from overtime to avoid the extra costs. However, some employees are automatically entitled to overtime pay regardless of how hard businesses try to make them exempt. They include:
Employers may also not classify blue-collar workers as exempt. Blue-collar employees are those who “perform repetitive operations with their hands, physical skill, and energy.” This category includes non-management employees in the following fields no matter how high their salaries are:
Under both the FLSA and New York State Labor Law, certain employees are not entitled to receive overtime pay, regardless of the number of hours they work. If an employee falls into one of the following categories, an employer may not be required to pay overtime wages;
Most of these categories require little interpretation. However, there are also exemptions for administrative, executive and professional employees that are at the heart of most litigation surrounding unpaid overtime. Employers regularly try to classify employees as exempt by giving them job titles or descriptions that would, on the surface, indicate they are not entitled to receive overtime. Over the years, tests have evolved that determine if a particular employee is truly an executive, administrator or professional, and therefore, exempt from overtime pay. To truly be ineligible for overtime, an employee must earn above a certain salary and perform specific duties.
Some people believe that just because you earn a salary instead of an hourly wage, you are not legally entitled to overtime. This is simply not true. You must earn above the statutory salary and pass the duties test, to be exempt.
The duties test can be complicated. This test looks at the primary job duties of the individual. The job title and job description are not relevant. If you have the title of an administrator, but you spend most of your day performing manual labor unrelated to the central operations of the business, you are likely not a valid administrative employee and should, therefore, receive overtime pay. If your job title is that of an executive, but you exercise no discretion and have no direct reports, you may be entitled to overtime.
Determining whether your employer owes you overtime is not always easy. With the laws changing on a regular basis and businesses often looking to cut costs, the time is ripe for violations to occur, and they frequently do.
If you are not getting paid for time that you work more than 40 hours per workweek, your employer may owe you unpaid wages. You can be a salaried employee and still be entitled to overtime pay. Your job description or salary alone are not enough to know for sure if you are eligible to receive a premium for your hard work.
You are a hard working employee who deserves fair compensation by law. When an employer violates your right to fair wages, you are entitled to file a claim to recover them. Attorneys at Leeds Brown assist you to proceed with an unpaid wage case and aggressively advocate to obtain a positive result. Our experienced legal professionals understand what it takes to win an unpaid overtime claim in New York City and the surrounding areas. We can help you collect the wages that you work so hard to earn.
Give Leeds Brown a call 24/7 and learn more about filing an unpaid overtime claim. 1-800-585-4658.