When Employers Fail to Pay: Representing Employees in Overtime Litigation
The New York State Department of Labor governs the state’s wage and hour laws. Additionally, a federal statute called the Fair Labor Standards Act (FLSA) protects employees from being taken advantage of by their employers. The statute says that employers are required to pay their employees overtime pay when those employees work more than 40 hours a week. However, things become complicated for several reasons.
Many employers are legitimately exempted from following the FLSA. Other employers wrongly claim that they are exempted just to avoid paying overtime. They claim that they do not have to pay their employees overtime because of the type of work involved, the employee’s position or the type of business. It takes a lawyer knowledgeable of both state and federal laws to navigate the often murky waters involving overtime claims.
There Are Many Ways That Employers Wrongly Deny Overtime Pay
At The Bell Law Group, PLLC, we represent New York employees who have been wrongly denied overtime pay by their employers. We often represent employees who should have been paid on an hourly basis, but were classified as salaried employees. They were called “supervisors” or “managers” by their employers – just so the employers would not have to pay overtime under the FLSA.
These employees put in thousands of hours of unpaid work for which they should have been compensated. We help them recover the compensation that they deserve by taking matters to court in New York State.
There are other ways that employers skirt the law besides wrongly classifying employees. Some have a “no overtime” policy. They average employees’ hours so that number of hours worked in a particular work week falls below 40. This practice is illegal. If your employer asks you to account for overtime by averaging hours, work off the clock, or tally hours worked this week as part of another work week, it is a good idea to talk with an attorney about your rights.
Learn Your Rights. Talk Confidentially With a Lawyer.
Many employees fail to act because they simply do not know their rights. They are driven to work hard, and they worry that they will put their jobs at risk by challenging the status quo. If you are worried about taking action regarding unpaid overtime, you should know that talking with an attorney at our law offices is a private matter. The consultation is free and confidential. Your employer will not know that you spoke with us unless and until you are ready to take action.