New York City Lawyers Fighting For Unpaid Overtime
Overtime pay rules can be confusing for employees. Some employers take advantage of this and fail to pay their workers what they are legally owed. In these cases, it may be possible to pursue an unpaid overtime claim against an employer.
At Fisher | Taubenfeld LLP, our labor and employment lawyers represent New York City workers. They fight to protect employees’ rights. They will advocate for your right to receive fair compensation for your work.
New York Overtime Laws
In New York, when an employee works more than 40 hours, their employer is obligated to pay overtime. Generally, this applies to nonexempt employees, which often include hourly workers. The overtime rate is one-and-a-half times your regular pay. Some employees, like certain administrative or executive roles or independent contractors, might be exempt from overtime.
It’s important to understand your employment classification in order to understand your rights and your employer’s obligations under New York employment laws. If you are unsure whether you should receive overtime, consulting with an unpaid overtime lawyer can help you better understand your situation.
Frequently Asked Questions About Unpaid Overtime
As litigators who have dedicated their legal careers to labor and employment law, our attorneys often find themselves answering the same questions. Here, they have compiled some of the questions they are commonly asked about unpaid overtime.
However, nothing can replace one-on-one advice from a qualified labor lawyer. If you have questions about your specific situation, we invite you to schedule a free phone consultation and case evaluation.
How much should I get for overtime pay?
An employee is entitled to overtime at the rate of one-and-a-half times the employee’s regular hourly rate for every hour worked more than 40 hours in a workweek. Only nonexempt employees, or those who are paid by the hour, are entitled to overtime pay.
What is a workweek?
In general, a workweek is considered to be a fixed, regularly recurring period of seven days. It does not have to adhere to a traditional calendar, which is a week from Sunday to Saturday. Depending on a worker’s schedule, a workweek could run from Wednesday to Tuesday. In other words, a workweek consists of any seven days in a row, and it doesn’t matter which ones.
Can I waive my right to overtime pay?
No. Any agreement that prohibits an employee from being eligible for overtime pay is illegal. However, if an employer has a clearly posted rule or policy that prohibits overtime work, an employee may not just decide to work overtime. In other words, an employer can decide that employees cannot work overtime, but that rule must be clearly communicated to employees.
How can I prove that my New York employer owes me overtime?
To prove your employer owes you overtime, start by collecting evidence of the hours you worked. Keep any time sheets, pay stubs or work schedules that show your hours. Document any instances where you worked beyond your scheduled time without pay. Witnesses, like coworkers, can also support your claim. Our labor lawyers are committed to making sure their clients get the unpaid overtime they deserve.
I think my employer fired me because I asked about overtime. What should I do?
If you suspect your employer fired you for inquiring about overtime pay, you might have a case for wrongful termination. It’s crucial to gather any evidence, such as emails or messages, that shows you raised the issue. Document everything related to your termination, including dates and conversations.
An experienced New York labor lawyer can help you evaluate your situation and advise you on the best course of action. Our employment law attorneys at Fisher | Taubenfeld LLP are dedicated to protecting your rights and can help you understand your options, which might include filing a complaint with the appropriate authorities or pursuing legal action.
Are You Worried About Unpaid Overtime? Consult A New York City Labor Lawyer For Free.
If you believe that your employer is not paying you what you are owed for working overtime, we encourage you to contact our firm to speak with an attorney about your unpaid overtime. We offer confidential, free initial phone consultations and case evaluations. You can schedule your free appointment by calling us at 646-741-3490 or toll-free 866-654-0343. You can also reach us by sending an inquiry through our website. We look forward to hearing about your possible case and telling you more about how we can help.