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 your 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.
New York Overtime Legislation – Overtime Wage Violations
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.
Test for Overtime Eligibility, Exemptions
Those who do not qualify for overtime pay include:
- executive, administrative, professional and outside sales employees
- certain computer employees
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.
Overtime Wage Violations
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.