Unpaid Overtime Attorney in New York, New York

Unpaid overtime is a significant issue affecting many workers all over the United States and in New York. Despite clear laws designed to protect employees, some employers either misunderstand or willfully ignore their obligations, leaving workers without the compensation they rightfully deserve.

At J Goldman Law, we are committed to helping employees understand their rights and pursue the wages they're owed under New York law. As experienced employment law attorneys, we recognize the impact unpaid overtime can have on workers and their families, and we are here to provide the legal support needed to address these issues.

Overtime laws in New York are in place to protect workers from exploitation and to make sure that they receive fair compensation for their time spent at work and working. Understanding these laws, and how they apply to different employment situations, is crucial for both employees and employers to better protect their rights and avoid legal pitfalls.

Overtime and Eligibility Defined

Under New York law, overtime is defined as any time worked over 40 hours in a single workweek. Non-exempt employees are entitled to receive one and a half times their regular hourly wage for every hour worked beyond the standard 40 hours. This rule applies to most hourly workers, as well as some salaried employees who don't fall under specific exemptions.

The Fair Labor Standards Act (FLSA) is the federal law that establishes the national standard for overtime, but New York law provides additional protections for workers in the state. Certain categories of workers, such as executives, administrative employees, and professionals, may be exempt from overtime pay under both federal and state law.

However, the criteria for these exemptions are strict, and misclassification of employees is a common issue. Employers sometimes mistakenly classify employees as exempt when they aren't, which can lead to significant unpaid overtime claims.

Common Overtime Violations

One of the most common overtime violations in New York involves the misclassification of employees. Employers may incorrectly classify workers as exempt from overtime to avoid paying the additional wages.

For example, an employee might be given a managerial title without the corresponding duties or authority, simply to justify their exempt status. This practice isn't only unfair but also illegal under New York law.

Another common violation occurs when employers fail to calculate overtime correctly. This can include not counting certain hours as part of the workweek, such as time spent on required training, travel between job sites, or on-call time.

Additionally, some employers may attempt to pay workers "straight time" for overtime hours, offering the regular hourly rate instead of the required time-and-a-half rate. These practices can significantly reduce the amount of compensation workers are entitled to and are violations of both state and federal law.

Legal Remedies for Unpaid Overtime

Employees who have been denied overtime pay in New York have the right to seek legal remedies. The first step is often to consult with an employment law attorney who can evaluate the situation and determine if a violation has occurred. If so, the attorney can assist in filing a claim with the New York Department of Labor or pursue a lawsuit directly against the employer.

The remedies available in unpaid overtime cases can be substantial. Employees may be entitled to recover not only the unpaid wages but also "liquidated damages," which can double the amount owed.

In addition, the law allows for the recovery of attorney’s fees and court costs, making it easier for workers to pursue their claims without bearing the financial burden of legal representation. At J Goldman Law, we work diligently to recover the full amount of compensation our clients are entitled to, and we are prepared to take cases to court if necessary to achieve justice.

The Importance of Accurate Records

One of the most important steps employees can take to protect their right to overtime pay is to keep accurate records of the hours they work. While employers are required by law to maintain accurate time records, it's not uncommon for discrepancies to occur, either due to mistakes or intentional underreporting.

By keeping personal records, such as copies of time sheets, pay stubs, and notes on hours worked, employees can provide crucial evidence if a dispute arises.

Employers should also recognize the importance of maintaining accurate records. Failing to do so can lead to significant legal consequences, including penalties and the legal obligation to pay back wages.

Employment law attorneys can assist employers in establishing proper record-keeping practices to avoid disputes and secure compliance with state and federal laws. Proper documentation not only protects employees but also serves as a safeguard for employers against potential litigation.

Misclassification and Its Consequences

Misclassification of employees as exempt from overtime is a serious issue that can lead to significant financial consequences for both employees and employers. When employees are misclassified, they're often denied the overtime pay they deserve, which can add up to substantial amounts over time.

For employers, misclassification can result in lawsuits, penalties, and the obligation to pay back wages and damages.

The criteria for classifying employees as exempt are specific and narrowly defined under the law. It's not enough for an employee to have a managerial title; their duties must meet certain requirements, such as regularly directing the work of others and having the authority to hire or fire employees.

Employment law attorneys can help employers correctly classify their workers to avoid legal pitfalls, and they can assist employees who believe they've been misclassified in seeking the wages they're owed.

The Role of Employment Law Attorneys

Working through the nuances of overtime law in New York requires a thorough understanding of both state and federal regulations. Employment law attorneys play a critical role in helping employees understand their rights and pursue claims for unpaid wages.

Whether it’s a matter of misclassification, improper calculation of overtime, or other violations, attorneys can provide the legal knowledge needed to resolve these issues.

For employers, working with an employment law attorney can help prevent violations from occurring in the first place. By making sure that payroll practices comply with the law and that employees are correctly classified, employers can avoid costly lawsuits and maintain a fair and compliant workplace.

At J Goldman Law, we are dedicated to protecting the rights of workers and helping employers understand their obligations under the law.