Queens Overtime Attorneys
Fighting Against Overtime Violation Matters in New York
By land size, Queens is the largest borough, and with more than 2 million residents, it is the second-most populous after Brooklyn. Queens is home to the New York Mets and supports a diverse population. With 15 percent of the jobs in New York City, Queens is also a major contributor to the New York economy. Because so many people work in Queens, overtime and wage issues often arise. Federal and state law require employers to pay eligible employees overtime wages. The Queens overtime lawyers of Phillips & Associates, PLLC, have a comprehensive understanding of the overtime laws that affect New Yorkers and can assist you if your employer has not paid you the overtime wages you have earned.
Call Phillips & Associates, PLLC today at (866) 229-9441 or contact us online to schedule a consultation with our overtime lawyers in Queens.
Eligibility for Overtime Wages
Workers in New York are entitled to overtime wages if they work more than 40 hours in a single seven-day workweek. This is the only measure of work that matters when it comes to overtime. For every hour in a week an employee works in excess of 40, the employer must pay an overtime wage of 1.5 times the normal wage. Although most employees qualify for overtime wages, some do not.
What Are Some Exemptions from Overtime Pay?
The Fair Labor Standards Act (FLSA) is the federal law that regulates overtime in the United States and New York. The FLSA says that all workers are eligible to earn overtime unless their job duties fall into one of several exempted categories. These workers are called exempt employees.
Some of the categories are:
- Administrative workers;
- Professionals, including teachers;
- Executives;
- Commissioned and outside salespeople;
- Some computer professionals;
- Taxi drivers;
- Movie theatre employees;
- Domestic employees who live with their employers; and
- Airline employees.
There are several more categories, but these categories cover the majority of exempt workers. If you have questions about whether you are an exempt employee, contact an experienced unpaid overtime attorney in Queens.
Although some people believe that employees who are paid a salary are automatically exempt, salary has no part in determining whether an employee is exempt or nonexempt — only job duties matter. Therefore, salaried workers may be nonexempt and eligible to earn overtime. On the other hand, some hourly workers' job duties may fall into an exempt category, making them exempt employees and not overtime eligible.
How to Recover Unpaid Overtime
A nonexempt worker whose employer has deprived her of overtime wages can file a claim to collect those back wages. In addition to back pay, the employee can collect liquidated damages, which, in FLSA claims, are equal to the amount of back wages owed. Therefore, a successful plaintiff can seek a total of twice the amount of wages owed.
How Phillips & Associates, PLLC Can Help You
Choosing a law firm for your overtime claim means finding a team with real experience in local laws and the realities of Queens workplaces. Phillips & Associates, PLLC focuses on representing employees, not employers, which avoids potential conflicts of interest and aligns the team completely with worker rights. This commitment to representing workers only ensures each client receives focused, supportive guidance.
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$3,375,000 Sexual Harassment
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$975,000 Sexual Harassment & Retaliation
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$5,000,000+ Gender and National Origin Discrimination
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$2,200,000 Race Discrimination & Retaliation
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$1,400,000 Religious & Sexual Orientation Discrimination
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$1,800,000 Race Discrimination
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$3,000,000 Gender Discrimination & Sexual Harassment
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$5,000,000+ Sexual Harassment and Quid Pro Quo
Why Clients Trust Us
Championing Your Rights With Unmatched Success & Compassion
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One of the Largest Plaintiff Law Firms Representing Employees
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We Win - Over $300 Million in Client Settlements & Verdicts
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The go-to Law Firm for High Profile Discrimination and Harassment Cases
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A Legal Team Driven to Leveling the Playing Field Against Your Employer
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Recognized As The Best of the Best in Employment Law
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Financial Backing - No Fees Paid Unless We Win
