Bronx Overtime Lawyers

The Bronx was first settled in 1639, and over hundreds of years has become one of the most culturally diverse areas in New York. It is the home of the New York Yankees as well as several off-Broadway theaters. Much of the Bronx’s population is working class. It is important, especially for working-class New Yorkers, to know their rights when it comes to overtime law. An informed worker has the best chance of recognizing unlawful employer activity, and protecting his rights if they are violated. For example, all employees are eligible for overtime wages unless their job duties fall into one of several exempted categories. The Bronx overtime attorneys of Phillips & Associates have a track record of fighting for the rights of employees who have been deprived of overtime pay. If you have worked in excess of 40 hours in a week and your employer has not paid you overtime wages, you may be entitled to collect from your employer, and we can help you make your claim.

Overtime Law Mandates a Time and a Half Overtime Wage

In New York, eligible employees who have worked more than 40 hours in a consecutive seven-day workweek earn overtime wages. For every hour in excess of 40 that the employee works, the employer must pay an overtime wage of 1.5 times the employee’s normal pay.

Employee Misclassification is Illegal

The Fair Labor Standards Act (FLSA) controls federal overtime standards, and New Yorkers are subject to the FLSA. The FLSA says that all employees are eligible to earn overtime wages unless their job duties fall into one of several exempt categories, such as executive, professional, or administrative. Employees with duties in these categories are called exempt employees because they are exempt from the FLSA overtime standards.

It is often misunderstood that employers do not have the authority categorize employees as exempt or nonexempt. The employee’s job duties are the only determining factor. Some employers knowingly or mistakenly take advantage of this commonly held, but false, belief that they can classify employees by not paying eligible workers overtime wages because the employer has incorrectly designated these workers as exempt employees. This practice is called misclassification, and it is illegal. Unless an employee’s primary job duties fall into an FLSA-exempted category, the employee must be paid overtime wages.

Misclassified Employees Can Collect Back Wages

An employee who has been illegally misclassified by her employer can file a complaint to collect back overtime wages. In addition to back pay, the employee can collect liquidated damages, which is a legal term that means a predetermined amount of damages. In FLSA cases, liquidated damages are equal to the amount of back wages owed, leaving the plaintiff with a total possible recovery of twice the wages owed to her, plus costs and attorney fees.

Recover the Money You Have Earned

Federal law requires that workers who have put in a hard day’s work receive fair compensation. Employers who do not pay eligible workers overtime wages have broken the law. If your employer owes you overtime wages, one of the Bronx overtime lawyers of Phillips & Associates can help you. To schedule a free consultation, call (212) 248-7431 or fill out the online contact form on our contact page.