Queens Overtime Attorneys

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 also is 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 mandate that employers in pay eligible employees overtime wages. The Queens overtime lawyers of Phillips & Associates have a deep understanding of the overtime laws that affect New Yorkers, and can help you if your employer has not paid you the overtime wages you have earned.

Most Queens Workers Can Earn Overtime

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.

Employers Do Not Have to Pay Exempt Workers Overtime Wages

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 attorney.

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.

Queens Employees Can Recover Back Overtime Wages

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.

Protect Your Rights

All nonexempt employees must be paid overtime for hours worked in excess of 40 in a week. Employers who fail to do so are breaking U.S. and New York law. If you believe that you are a nonexempt employee, and your employer has not paid you overtime that you earned, contact one of the Queens overtime attorneys at Phillips & Associates. To schedule a free case evaluation, call (212) 248-7431 or visit our contact page.