Owed Wages, Tips or Overtime?

New York Overtime Lawyers Help Employees Secure Unpaid Wages

Employment law attorneys at Leeds Brown P.C help workers throughout the New York City metropolitan region recover the hard-earned money their employers may be refusing to pay. Did you know that many employees are unaware that they are entitled to overtime wages? Our experienced legal team can help determine if you are supposed to be paid overtime, calculate how much money your employer owes and seek the compensation you have rightfully earned.

Understanding Complex Overtime Rules

If you think you are owed overtime pay, you want to have someone on your side who has a thorough understanding of applicable laws. That’s where Leeds Brown comes in. Our lawyers have what it takes to prove your claim and recover your unpaid wages.

The Fair Labor Standards Act is the Federal legislation that governs how employees receive wages and the hours they may work. There are New York State rules as well. In a nutshell, eligible employees are supposed to receive 1 ½ times their regular rate of pay for all hours worked more than 40 hours in a workweek. What does this mean?

Consider the following: Jack works in a warehouse. His job is to load and unload trucks as they come in and out with goods. His regular rate of pay is $20 per hour. If Jack works 50 hours in a workweek, he must earn $30 per hour for the ten overtime hours. Here is the math:

  • $20 per hour x 40 hours = $800
  • $30 per overtime hour x 10 overtime hours = $300
  • $800 regular rate/ straight time pay + $300 overtime pay = $1,100.

What is the Regular Rate of Pay if You Earn a Salary?

By definition, the regular rate of pay is the amount an employee is regularly paid for hours worked. For hourly employees, the math is easy. But, what happens when you earn a salary? Some people think that earning a salary precludes you from earning time and a half for hours more than 40, and this is true in some cases.

However, whether you get overtime does not depend on your status as a salaried or hourly worker. Eligibility depends on your salary amount, job duties, and responsibilities.

How is overtime calculated if you are a salaried employee in New York City?

First, you need to determine your regular rate of pay. When an employee receives wages on a non-hourly basis, you calculate the regular hourly wage rate by dividing the number of hours worked in a week into the total earnings.

For example, if you earn $600 per week and you work 50 hours, your regular base wage rate is $600 divided by 50. Your “regular rate of pay” is $12 per hour. Your overtime rate is $18 per hour.

Therefore, your pay for the 50 hour week gets calculated like this:

  • $600 weekly salary for 40 hours
  • $18 per hour x 10 overtime hours = $180
  • Total pay = $780

How Do You Calculate Time and a Half in New York if Your Rate of Pay Changes Weekly?

The calculation can get tricky when you have a job that pays multiple rates. You find the regular rate by calculating the “weighted average of the worker’s multiple rates for the week based on the number of hours worked at each rate.” For example, if an employee works 20 hours as a custodian at $10 per hour, and then an additional 30 hours as a gardener at $20 per hour, his regular rate is $16 per hour.

  • $10 per hour x 20 = $200
  • $30 per hour x 30 = $600
  • $800 divided by 50 hours = $16 per hour
  • The total pay should be:
    • 40 hours @ $16.00 per hour = $640
    • 10 hours @ $24.00 per hour = $240
    • Total for 50 hours = $880

When calculating the regular rate for multiple rates of pay, you cannot include certain payments. Payments that may not use as part of the regular rate include:

  • Premium payments for overtime
  • Discretionary bonuses
  • Payments for expenses incurred on behalf of employer
  • Saturday, Sunday and holiday premiums
  • Payments for periods when you do not perform work because of holidays, illness or vacation

What is a Workweek?

Defining the workweek seems simple and for people who work from Monday to Friday it is. But, a workweek can vary among employers and may be different for various employees or groups of employees.

A workweek is a fixed and regularly recurring period of 168 hours, meaning any seven consecutive 24 hour periods. The days do not need to follow the traditional calendar workweek format. A workweek for overtime can begin on any day at any hour of the day. For example, a department store may use Saturday to Friday as a workweek for workers on the sales floor but may use a Monday to Sunday workweek for managers.

In New York, You May Not Waive Your Right to Overtime Pay

If you are entitled to time and a half, it is important that you know your rights. Has your employer asked you to waive your rights to overtime? Did you know it is illegal to ask an employee to waive rights to overtime pay? Any “agreement” made between an employer and worker to count only 40 hours a week or 8 hours a day of working time may be considered an illegal attempt to get an employee to waive her rights.

Sometimes an employer will announce that there will be no extra work permitted or no payments made unless an employee receives advance approval. Neither of these statements absolves the employer of having to pay timeandahalf to anyone otherwise eligible.

Assert your Right to Collect Unpaid Wages and Contact Attorneys at Leeds Brown

As you can see, overtime laws and calculations are complex, and you can benefit from some analysis. The unpaid overtime lawyers at Leeds Brown have the right combination of experience and dedication that you want on your side when seeking the compensation you have rightfully earned. Our firm prides itself on providing full employment related legal assistance to hardworking New Yorkers like you.

If you think you are entitled to unpaid overtime or have any other employment or wage-related issue, feel free to contact our office today. You can reach someone 24/7 by calling 1-800-585-4658.

 

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