Overtime Wage Violations

New York Overtime Wage Violation Lawyers

Helping Employees With Overtime Wage Violations in New York

When you work more than your weekly amount, you expect your employer to compensate you for those hours worked. But when your employer does not provide you with rightfully earned overtime wages, you may need legal assistance. The attorneys at BKL are here to represent you and bring you justice for overtime wage violations.

Call Brown Kwon & Lam today at (212) 295-5828 or contact us online to schedule a consultation with our overtime wage violation attorneys in New York City.

What are New York Employers Required to Pay For Overtime?

Under New York labor laws, an employer is required to pay overtime to employees at the rate of 1½ times the employee’s regular rate of pay for all hours worked in excess of 40 hours in a workweek. However, some exceptions to this rule apply. 

Those who do not qualify for overtime pay include:

  • executive, administrative, professional, and outside sales employees
  • certain computer employees

Are Non-Live-In or Non-Residential Employees Entitled to Overtime Pay in NY? 

Under New York labor laws, non-live-in or non-residential employees are generally entitled to overtime pay when they work more than 40 hours in a workweek. This includes being compensated at a rate of 1.5 times their regular hourly wage for any hours worked beyond the standard 40-hour workweek.

What is the Fair Labor Standards Act?

The Fair Labor Standards Act (FLSA) sets the 40-hour workweek, minimum wage, overtime pay, recordkeeping, and youth employment standards for the United States. Under the act, there are no limits to the number of hours an employer can require an employee to work on a given day or workweek. However, it does require overtime pay unless it is one of the aforementioned exempt categories.

To determine overtime pay, an employer must determine the employee’s regular rate of pay, the applicable hours in a workweek, and any time worked in excess of that number. In addition, if an employer enters into a contract with an employee that requires greater overtime compensation, that must be followed. Or, if the state or federal laws impose a greater overtime rate of pay then explained in FLSA, that must also be the rate of pay.

What Compensation Could I Be Entitled To?

If your employer withheld your overtime pay, you may be entitled to compensation, including:

  • Back pay
  • Damages caused by the failure to pay
  • Attorney’s fees
  • State Civil Penalties of up to $1,000
  • FLSA Violation Penalty up to $10,000

If your employer is not paying you overtime wages, you may have a lawsuit for unpaid wages. 

Contact Brown Kwon & Lam, LLP today to get started with our New York City overtime wage violation lawyers.

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