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Staten Island Overtime Attorneys

Staten Island Overtime Attorneys

Humans have been living in the area now known as Staten Island since the last ice age, and it was first settled by Europeans in 1624. Staten Island is the birthplace or home of many artists, politicians, and historical figures, including Christina Aguilera, Paul Newman, and Cornelius Vanderbilt. Although Staten Island’s population is the smallest of the boroughs, its unemployment rate is low. It is important that the many working people who live on Staten Island know their rights in the workplace. Most employers follow the rules and pay their employees for the hours they spend at work. However, workers who perform off-the-clock work should also be paid for much of that time. The Staten Island overtime lawyers at Phillips & Associates have a deep understanding of the overtime law that governs New York workplaces. If your employer owes you overtime wages or does not compensate you for work you do off the clock, you may be entitled to back wages.

Eligible Employees Who Work More Than 40 Hours Are Due Overtime

The law is straightforward when it comes to overtime wages. Eligible employees who work more than 40 hours in a consecutive seven-day workweek are entitled to an overtime wage of time and a half. The 40-hour workweek is the only measure of overtime recognized in New York.

All Work Performed Counts Toward Overtime

Many employees work some number of hours off the clock, and they may be surprised to learn that these hours are compensable and count toward overtime. The federal law that addresses overtime wages is called the Fair Labor Standards Act (FLSA). The FLSA not only requires employers to pay eligible employees overtime wages, but it also requires employers to count all time an employee works toward overtime.

Some of the major examples of work that is compensable and counts toward overtime are:

  • Rest breaks of 20 minutes or fewer;
  • Most travel time;
  • On-call time that must be performed at the workplace;
  • Meetings that take place before the shift formally begins;
  • Changing at work into or out of protective clothing or uniforms; and
  • Maintaining equipment, cleaning, or organizing either before or after the shift.

The rule of thumb is that if a task is vital for the company or business to operate, employees should probably be paid for it, and those hours count toward employees’ overtime total.

Employees Not Paid Overtime Wages Can Collect Them

Employees owed back overtime wages or wages for work they completed but were not paid can file a claim to collect the money owed to them. Under the FLSA, plaintiffs can also collect liquidated damages equal to the amount of wages their employer owes them. This leaves successful plaintiffs with damages totaling twice the wages owed to them. Employers may also be responsible for paying the plaintiff’s court costs and attorney fees.

Experienced Lawyers Fighting for Your Rights

If your employer has not paid you overtime wages or regular wages for which you have worked, you may be able to file a claim to collect the money you have earned. The Staten Island wage and hour attorneys of Phillips & Associates have helped many Staten Islanders collect the money they have worked hard to earn. Call (866) 229-9441 or email us to schedule a free and confidential case evaluation.

Discrimination Lawyer Success

  • $1.8 Million Race Discrimination

    Jesse S. Weinstein and Gregory W. Kirschenbaum successfully obtained a $1,800,000 unanimous jury verdict in the Southern District of New York on behalf of Plaintiff, John Pardovani. The verdict consisted of $800,000 in compensatory damages and $1,000,000 in punitive damages.

  • $280 Thousand Race Discrimination

    In a race discrimination case, a federal jury in New York found that use of the N-word in the workplace is never acceptable, even when used between black coworkers.

  • $2.2 Million Race Discrimination & Retaliation

    Greg Kirschenbaum was part of the trial team that won a $2.2 million verdict in a race discrimination and retaliation case in 2015. Rosas v. Balter Sales, et al.

  • $1.4 Million Religious & Sexual Orientation Discrimination

    Bryan Arce was part of the trial team that won a $1.4 million-dollar verdict in a religious and sexual orientation discrimination case brought by a Chef, which was the highest employment law verdict in 2012.