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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 (212) 248-7431 or email us to schedule a free and confidential case evaluation.

What Our Clients Say?
"Phillips & Associates did a wonderful job. I would recommend Brittany Stevens." Angel
"Employment dispute I had a dispute with my former employer, Jesse Weinstein was patient and thorough with my case. 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
"Hands down the best law firm for labor disputes in NYC. 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. A special compliment to my lawyer Brittany Stevens. An amazing person and well prepared experienced lawyer. She was professional and empathetic to my case and worked in a time appropriate manner. She never miss a phone call at any hour of the day. Brittany and her team helped me with what I needed, when I needed it. I want to thank them all (especially Brittany), for a job well done." Massimo
"Jesse Weinstein handled my discrimination case. 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. His expertise, combined with the experience of the Firm, resulted in the best possible outcome of my case. Although I wouldn't wish what I went through on anyone, things do and always will happen and I would highly recommend Jesse and this Firm to anyone facing discrimination or other workplace issues." Karen
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