Say, for instance, that you typically work outside of your expected 40-hour workweek to finish your assignments. Or, that your boss typically gives you additional tasks and asks you to continue working on them “off the clock.” In instances like these, you may be qualified to receive overtime pay in New York. So if you believe that you have been wrongfully denied this additional pay by your employer, follow along to find out how a proficient New York overtime pay lawyer at Bell Law Group can fight for the earnings that you rightfully deserve.
What are the overtime pay laws in New York?
Overtime pay is something that is regulated by both the Fair Labor Standards Act and New York Labor Law. Essentially, both laws state that non-exempt employees who work more than 40 hours per week are qualified to receive this additional pay. With this, your payment must be at least 1.5 times the regular rate of payment, instead of the regular rate, for the hours you worked outside the established 40-hour workweek.
Importantly, categories that are not considered to be non-exempt employees include, but are not limited to, the following:
- Administrative employees.
- Professional employees.
- Executive employees.
What are examples of overtime pay violations?
Usually, an employer will try to get away with not giving their employees overtime pay so that they can save money. One way they will attempt to do so is by assigning you to the incorrect employment status. That is, even if federal and state law would recognize you as a non-exempt employee, your employer may try to categorize you as an administrative, professional, or executive employee, and thus make you ineligible to receive this additional pay.
Another way your employer may violate overtime pay guidelines is by requiring you to work outside of your scheduled hours, otherwise known as “off the clock.” Or, they may even tamper with your timesheets to edit the times you clocked in early and/or clocked in late.
You need to understand that it is completely illegal for your employer to take any of the above actions.
What should I do if I am denied overtime pay?
If you are a non-exempt employee that worked more than 40 hours in a week and you were wrongfully denied your overtime pay, then you may have a potential wage claim on your hands. For your claim, you must be able to prove that your employer performed certain actions that violated federal and state overtime pay laws. And if successful, you may be able to recover any of the following:
- Back pay.
- Liquidated damages.
- Punitive damages.
- Lawyer fees and court costs.
We believe that you worked hard for your earnings and that you deserve to be compensated for that work. This is why we encourage you to reach out to a talented New York wage & hour complaint defense lawyer as soon as you can.