Suffolk County Overtime Pay
Suffolk County is one of the most economically productive counties in New York. Home to major employers in the health care and telecommunications industries, Suffolk is also a major source of highly trained and educated workers. Suffolk continues to be an attractive place for business, for it ranks consistently in the top 20 of U.S. counties in terms of number of active businesses.
Despite the large number of skilled workers in Suffolk, some employers are guilty of violating overtime wage law. All nonexempt employees in New York are entitled to an overtime wage of time and a half for each hour they work in excess of 40 hours per week. Employees who have not been paid legally mandated overtime may seek these wages in court.
Suffolk employers are subject to the same laws as all other New York employers. This includes the requirement that eligible employees receive overtime pay in accordance with state and federal law. For years, the Suffolk County overtime pay lawyers of Phillips & Associates have been helping New Yorkers resolve problems with their employers. If you think that you are entitled to overtime pay that you have not received, we can help you understand your rights and seek the compensation you have earned.Employers Do Not Determine Which Employees Are Entitled to Overtime
The Fair Labor Standards Act (FLSA) determines which employees can earn overtime. The FLSA says that all employees are entitled to overtime pay unless their primary job duties are listed as exempt. Many people believe that employers are free to determine whether an employee is entitled to overtime. This is not true. Whether an employee is exempted from earning overtime pay is determined solely by the FLSA and not the employer.
When a business incorrectly determines that a worker is not eligible for overtime pay, it is called misclassification. Some employers may engage in employee misclassification as a way to circumvent the overtime rules. For others it may simply be an oversight. In either case, such an employer’s conduct is illegal. An employee who has been misclassified can seek back wages from his employer in court.Workers May Be Able to Collect Back Wages Plus Additional Damages
Misclassified employees can bring a FLSA claim against their employers to collect the wages they have earned but have not been paid. The FLSA allows these employees to seek two types of damages. First, an employee may be able to collect all of the back wages the employer has not paid from two years prior to the date of the claim. Because of this two-year limit, it is important for an employee who thinks he or she is owed overtime to contact an attorney right away.
Employees owed back wages are also entitled to collect what are called liquidated damages. These damages are in place of traditional compensatory damages and are equal to the total amount of back wages the employee is owed. This makes the total amount of money the worker can collect equal to twice the amount of wages he or she is owed.Do Not Let New York Employers Cheat the System
Whether your employer has intentionally or mistakenly misclassified employees, there is no excuse for failing to know and abide by the law. If you are owed overtime wages, you can try to collect the money you have worked hard to earn. The Suffolk County employment law attorneys of Phillips & Associates can help you determine whether you are entitled to collect your back wages. Call (212) 248-7431 or email us to schedule a free overtime wage consultation.