Employees in New York Collect Unpaid Overtime
Employment Lawyers Help Workers Recover Unpaid Overtime Wages from Employers
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.
Overtime Pay is Not Negotiable
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 Requires Overtime Payments of Time-and-a-Half
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.
Calculating Overtime for Workers with Changing Pay Rates
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.
New York Lawyers Help Calculate Overtime Pay for Eligible Salaried Workers
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.
Defining a Workweek to Determine Overtime Hours
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.