Manhattan Overtime Lawyers
In addition to its reputation for being an epicenter of culture and art, Manhattan is the financial capital of the United States. Manhattan alone is responsible for almost two thirds of the jobs in New York City. With so many of the City’s workforce employed in Manhattan, it is important for workers to be aware of their rights with respect to wage and hour law. Most employers abide by federal law and pay their eligible employees overtime. However, if your employer has failed to meet these legal standards, the Manhattan overtime attorneys of Phillips & Associates have significant experience holding law-breaking employers accountable. If are owed overtime wages or back pay, Phillips & Associates can help you recover the money you have worked so hard to earn.
Employers Must Pay Overtime Wages to Eligible Employees
All workers in New York are eligible for overtime if (1) their job duties are not legally exempted from overtime, and (2) they work more than 40 hours in a seven-day workweek. These are the only two criteria an employee must meet to earn overtime in accordance with the law in New York.
Employees Paid on a Salary May be Eligible for Overtime
The Fair Labor Standards Act (FLSA) is the federal statute that regulates overtime wages. The 40-hour rule comes from the FLSA, and the statute also lists categories of exempt workers. If an employee’s primary job duties fall into one of these categories, she is not legally entitled to overtime wages and is referred to as an exempt employee. All other employees nonexempt.
It is a commonly held belief that salaried employees are not eligible for overtime. This is incorrect. The only factor that determines whether an employee is exempt or nonexempt is what her primary job duties consist of. While it is true that many salaried employees are exempt, it is because executives, professionals, and administrative workers (the major categories of exempt employees) are often paid on a salary. However, many salaried employees are not professionals, executives, or administrative workers, and these employees are eligible for overtime.
Employers Who Illegally Withhold Overtime Wages Are Liable to Their Employees
A worker who is eligible for overtime and has worked more than 40 hours in a workweek must be paid overtime wages. If the employer does not pay, the employee can collect the overtime wages by filing a claim against his employer. An employee who successfully sues her employer can collect back overtime wages and liquidated damages. These damages are predetermined in FLSA actions to be equal to the amount of wages owed to the employee. Therefore, prevailing FLSA plaintiffs can collect up to twice the amount of back wages they are due, plus attorney fees and costs.
There is a time limit on FLSA actions. Employees may generally recover wages from two years prior to the date of filing a claim. In some cases, this limit can be extended to three years. Consult an attorney as soon as you believe that your employer has deprived you of overtime wages to prevent your claim from being time-barred.
Protect Your Legal Rights
Manhattan workers who have been deprived of overtime wages have a legal right to claim them. Phillips & Associates is comprised of Manhattan wage and hour lawyers with the experience to litigate your overtime wage case. If your employer owes you overtime wages, call (866) 229-9441 or visit our contact page to schedule your free consultation.
What Our Clients Say:
"He covered every angle and was able to help me with my dispute. I would recommend Jesse Weinstein and Phillips and Associates in the future to anyone."- Margaret
"Being in the restaurant industry for more than 30 years I can say that this law firm is the number one choice for workers in the restaurant business that need to sue their company for wrongful termination."- Massimo
"He was extremely patient and understanding throughout the process and remained professional and consistent even when I could not. I really felt like he had my back and I didn't have to worry."- Karen