New York Overtime Lawyers Recover Money you have Earned

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.

What is the Basic Rule of Overtime?

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.

Are You Entitled to Overtime? New York City Overtime Attorneys Know

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.

Who is Does Not Get Overtime Pay in New York?

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:

  • The employee must earn a salary of at least $455.00 per week.
  • The employee’s primary duties must be managerial in nature.
  • The employee must directly oversee two or more full time employees.
  • The employee must have the authority to hire and fire other workers or participate in the hiring, firing or promotion of other employees.

To qualify for an administrative exemption the employee must meet the following criteria:

  • The employee must be compensated on a salary basis of at least $455 per week.
  • The employee’s primary duties must be the performance of office or non-manual work. The work must be directly related to the management or general business operations of the employer or the employer’s customers.
  • The employee’s primary duty must include the exercise of discretion and independent judgment with respect to significant matters.

To qualify for a professional exemption an employee must meet the following criteria:

  • The employee must be compensated on a salary basis of at least $455 per week.
  • The employee’s primary duty must be the performance of work requiring advanced knowledge, defined as work which is predominantly intellectual and includes work requiring the consistent exercise of judgment and discretion.
  • The advanced knowledge must be knowledge that is customarily acquired by a prolonged course of special intellectual instruction.

To qualify for an outside sales exemption an employee must meet the following criteria:

  • The employee’s primary duty must be making sales or obtaining contracts or orders for services or facilities for which a consideration will be paid by the client or customer
  • The employee must be customarily and regularly engaged away from the employer’s place of business

To qualify for the computer employee exemption the employee must meet the following criteria:

  • The employee must be compensated either on a salary or fee basis at a rate of not less than $455.00 per week or, if compensated on an hourly basis, at a rate, not less than $27.63 an hour
  • The employee must be employed as a computer systems analyst, computer programmer, software engineer or other similarly skilled worker in the computer field performing certain design, development, systems application, and more.

Contact New York Overtime Attorneys if Your Employer Owes Wages

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.