Failure To Pay Overtime

Overtime laws are quite straightforward, but nonetheless many employers violate these laws. If you have been wrongly denied overtime pay, contact the New York overtime pay attorneys at Phillips & Associates for a free, confidential consultation.

NEW YORK OVERTIME PAY LAWS

If you work in the State of New York - or anywhere in the Tri-State area - the basic rules governing payment of overtime are clear. If you are covered by the overtime laws, your employer must pay you one and one half times your regular rate of pay for all hours above 40 worked in a given week. One and one half times your regular rate of pay (also called time and a half) means that, for example, if you normally earn $20 per hour, for overtime hours you must be paid $30 per hour. A week is defined as a regular seven-day consecutive period. These standards are set by the federal Fair Labor Standards Act (FLSA), and are applicable to workers in any state.

There are many misperceptions about overtime wage laws. Some people believe they are entitled to overtime pay for any hours worked beyond eight in a given day. Others believe they are entitled to overtime pay because they had to work more than five days in a week, or had to work on the weekend. Others believe they are entitled to double-time pay for those hours worked beyond 60 in a given week, or beyond 10 in a given day. Each of these beliefs is incorrect. Workers are free to contract for these sorts of additional benefits with their employers, and some workers - for example, many in unionized jobs - do receive these sorts of benefits. States are free to create additional overtime wage protections for employees, and in certain states - California, for example - some of these protections do exist. But there are no overtime laws beyond the basic overtime law described above in New York.

Another common source of confusion exists among workers who are not paid an hourly wage. Many assume that if they are not paid by the hour, they are not entitled to overtime pay. This is also incorrect. Workers who are paid salary, paid by the piece, or by any other method are nonetheless entitled to overtime pay. Employers cannot simply reconfigure the manner in which compensation is paid in order to evade the protections to workers provided by FLSA. However, some issues with calculating overtime wages do exist where a workers is paid largely by tips, or where a worker resides with his or her employer.

ARE YOU COVERED BY OVERTIME LAWS?

An important area where there often is confusion is the question of whether a worker is covered by the overtime laws. Not everyone is covered. Independent contractors - who are by definition not employees - are not entitled to overtime. Further, FLSA contains exceptions for certain types of workers, including for executive, administrative, professional, outside sales, and certain computer-related employees. Whether an individual fits within one of these exceptions requires an in-depth analysis of the duties and responsibilities of the employee. Simply because your employer calls you an "administrator" or "outside salesperson" does not determine whether you are exempt from overtime laws. It is important to consult with an attorney to determine whether you fall within one of these exceptions.

PHILLIPS & ASSOCIATES: EXPERIENCED NEW YORK EMPLOYMENT LAW ATTORNEYS

Even when employees are clearly entitled to overtime pay, many employers try to evade the responsibility to pay overtime. To protect your right to fair and full pay, you should consult with a New York overtime pay attorney. The attorneys at Phillips & Associates have successfully handled numerous unpaid overtime claims, as well as many other cases based on improper conduct by employers. We understand how to investigate and pursue claims your employer may want to conceal. Contact us today for a confidential consultation at (212) 248-7431.

PHILLIPS & ASSOCIATES
45 Broadway, Suite 620,
New York NY, 10006
Tel: 212-248-7431
Fax: 212-901-2107
info@tpglaws.com