Are you currently working overtime without pay? Have you been subject to wage theft or are in an overtime dispute with your employer? It might be wise to consult with a labor law attorney.
Employers often take advantage of underpaid workers by ignoring federal and state laws regarding minimum wages and overtime regulations. When these laws are violated, there could be potential compensation such as lost time off due to being required to punch out early, unpaid wages, damages, and even legal fees. These can add up quite quickly when one considers the number of employees impacted by wage theft.
Understanding New York Minimum Wage Laws
Both federal and state governments regulate minimum wage laws. Federal law establishes a national minimum wage rate, while states set their own rates. Currently, the federal law mandates that most employees receive at least $7.25 per hour. States cannot lower their minimum wage below the federal level; however, they can raise it by passing legislation.
According to the New York Labor Laws (NYLL), minimum wage rates are between $11.00 and $15.00 per hour, depending on the industry. In this situation, the employees must still be paid at least the standard minimum wage, according to the Fair Labor Standards Act (FLSA) guidelines.
Know New York Overtime Laws
The FLSA requires employers to pay overtime wages for any hours worked over 40 hours per week at the rate of 1.5 times the regular wage. The employer cannot replace the wages owed for overtime with time off or other benefits.
You automatically qualify for overtime pay if you earn less than $455 per week or $23,660 per year. Your employer will need to pay you overtime or adjust your hourly wage accordingly. Overtime requirements may not apply to employees who earn more than this amount and have jobs that fit a particular category.
Employees Exempt from Receiving Overtime Pay
A few categories of employees are excluded from receiving overtime exemptions pay. Some of them include:
- Administrative employees
- Professional employees
- Outside sales employees
- Independent contractors
- Volunteer workers
- Fishing employees
- Newspaper deliverers
Here is the complete list of exemptions under the Fair Labor Standards Act.
Benefits of Hiring An Overtime Disputes Attorney
Hiring a lawyer when facing a potential lawsuit is one of the best ways to protect yourself against unfair treatment. When you hire a labor attorney, you gain access to a group of professionals well-versed in New York labor law that will help you obtain overtime compensation.
An attorney can:
- Assess whether your employer violated the law.
- Identify how your employer broke the law.
- Specify when you should file a lawsuit.
- Estimate how long your case might take.
- Help you discover if you were wrongly terminated or retaliated against.
- Help you achieve the results you desire.
When You Are Entitled to Overtime Pay
A labor attorney will likely help you resolve any problems during your employment relationship. In addition, they can also assist you in filing a claim against your employer if necessary. Here are some strategies that can help:
- Get the facts straight.
- Know your rights.
- Stay calm.
- Do not hesitate to act.
- Be prepared for negotiations.
- Keep records of all communications with employer.
- Seek help from an employment attorney.
New York Overtime Disputes Attorney
Contact our law firm today if you suspect that your employer has violated New York’s Overtime Law. If you work more than 40 hours per week, you must be paid overtime. We are here to help you receive overtime pay that you rightfully deserve.
At Levine & Blit, our NYC overtime lawyers offer a free consultation to help you determine whether you are entitled to overtime pay in New York. You can reach Levine & Blit at (212) 967-3000.