We Have Helped Thousands of People Recover Millions in Overtime Pay
Our New York overtime lawyers can help you recover your unpaid wages.
We have helped thousands of people recover unpaid overtime and penalties.
Our lawyers have a track record of success against companies of all sizes, from Goldman Sachs to local restaurants.
We handle all overtime pay cases as class or collective actions on a contingent fee basis, which means there is no fee until we win the case.
Our New York Overtime Lawyers have recovered millions in unpaid overtime and penalties. We recently recovered $5.4 million for employees of a large financial firm in New York City.
How can a New York Overtime Lawyer Help Me?
We will discuss your situation with you and determine if you are entitled to overtime pay. If your employer is unlawfully withholding your pay, we will determine the best way to recover your pay.
If the case is appropriate, our New York overtime attorneys will represent you and recover the money that is owed to you and possibly more in penalties and interest.
What is Overtime Pay?
Example, if an employee works at $20 per hour for 50 hours, then the employee would be typically owed a total of $1,100. That’s because $800 (40 hours times $20 per hour) plus $300 (10 overtime hours at $30 per hour) equals $1,100.
Be sure you are checking your pay stub and that you are getting the correct overtime pay. Do not assume that your employer is calculating your overtime pay correctly.
Accounting errors do happen – don’t fall prey to them!
Many professionals do not receive their overtime pay due to errors or other miscellaneous reasons. More often than not, that is not why employees aren’t getting their overtime pay. Sadly, it typically happens because the company is just not playing fair with their books and in turn their employees are the people who get caught in the crossfire with their (lack of) overtime pay.
When a company is holding overtime pay back from their employees, they are pocketing the employee’s money for themselves. Our New York overtime lawyers have represented a wide range of professionals who have dealt with not receiving their overtime pay.
Below is list of positions that commonly encounter overtime violations:
- Information Technology (IT) Workers
- Restaurant Workers – Waitresses, Bartenders & Hostesses
- Hotel Managers, Security, Building & Grounds Service Workers
- Financial Industry Workers (Investment Bankers, Hedge Fund Managers, Banking Professionals)
- Nursing Home Aides and Home Health Care Workers
- Retail & Drug Store Staff
- Cleaning Contractors and Janitorial Services
- Doctors’ Offices
- Administrative Staff
- Field Service Workers
- Inside Sales
- Apparel and Textile Manufacturing
- Grocery Stores
- Residential Construction
If you hold one of these positions and suspect that your rights have been violated, please call our New York overtime lawyers at (347) 492-1904 to see if you have a case. If you work OT hours, you deserve OT pay.
These are all examples of professionals who have fallen victim to not getting their overtime pay for one reason or another.
Our New York overtime lawyers understand the nuances and details of the labor laws that govern overtime pay.
As New York overtime attorneys, we dive deep into the records to find evidence of labor code violations.
Listed below are examples of cases our New York overtime lawyers handle:
Keeping Incomplete Time Records or Even None at All, Making it Difficult to Determine the Hours Worked
An example of this would be if an employee is paid $600 a week as salary and works a work schedule of 40 hours a week, the employee’s overtime rate of pay is computed by dividing $600 by 40.
Thus, for each hour of overtime over 40 hours a week, the employee is entitled to receive 1.5 times $15.00, which equals $22.50 an hour.
Paying “Straight Time” Wages for Overtime Hours Worked
Overtime for salaried employees is often called “straight-time.”
It is the incentive of earning extra pay for each hour worked beyond the normal work week — in addition to a fixed salary.
Deducting Employee’s Pay for Breaks That They did not Take is Definitely Another Way to Cheat Your Employee Out of Their Overtime Pay
For instance, employees do not get the benefit of the full meal break and are not paid for the time. This in turn becomes an automatic-deduction policy and you lose your overtime pay.
Seems a bit illegal, don’t you think?
Our New York overtime lawyers think so and are fighting for employees and their overtime pay.
Paying Only a Salary, Just Because You are Paid a Salary Does not Mean That You are not Entitled to Overtime Pay in Accordance with Overtime Laws
The definition of salary though, doesn’t explain how one employee can be paid on a salary basis and not be entitled to overtime pay.
Meanwhile, another employee paid on a salary basis can have a legally enforceable right to NY overtime pay. As it turns out, the right to overtime does not depend upon salary basis. It depends upon a position’s exempt status.
To dig deeper regarding EXEMPT status, you must meet the following requirements according to the Fair Labor Standard Act (FLSA):
- The position is paid on a salary basis; and
- The position is paid a minimum of $455 per week; and
- The duties of the position satisfy either the executive duties test, the administrative duties test, or the professional duties test.
Giving a Worker a Title Such as “Manager,” “Supervisor,” or “Foreman” and Claiming That He or She is not Protected by FLSA Overtime Requirements Requiring Workers to Perform Work “Off the Clock”
Time spent doing work not requested by the employer, but still allowed, is generally hours worked.
Since the employer knows the employees are continuing to work and the New York employer is benefiting from the work being done, this time is commonly referred to as “working off the clock.”
If you believe that you have an off the clock case, call our New York overtime lawyers for a consultation at (347) 492-1904.
Refusing to Pay Overtime Wages to Workers Who are Paid Partially or Entirely Through Commissions, or not Including Commission Wages in the “Regular Rate”Paying “Comp Time” or Compensatory Time Off Instead of Overtime Wages
Some employers adopt a policy of giving their employees “comp,” time — an hour off at some later date for every extra hour worked — instead of paying them overtime pay.
These policies are illegal under federal law.
Employees lose their overtime pay that they are entitled for working more than their set number of hours and their employers get away without having to pay.
Failing to Pay Overtime Wages for Time Spent Traveling Between Job Sites
Time spent by an employee in travel as part of their principal activity, such as travel from job site to job site during the workday, is work time and must be counted as hours worked.
Travel that keeps an employee away from home overnight is travel away from home. Travel away from home is clearly work time when it cuts across the employee’s workday.
The time is not only hours worked on regular working days during normal working hours but also during corresponding hours on nonworking days.
Misclassifying Workers as “Independent Contractors” in Violation of Wage and Hour Laws be in Even More Specific
The misclassification of employees as something other than employees, such as independent contractors, presents a serious problem for affected employees, employers, and to the entire economy.
Misclassified employees in New York are often denied access to critical benefits and protections – such as family and medical leave, overtime pay, minimum wage and unemployment insurance – to which they are entitled.
Our New York overtime lawyers have handled several independent contractor misclassification cases and can assist you with yours.
Additional Resources for New York Overtime Matters
To learn more about overtime violations, visit the NY Department of Labor FAQ section.
Find Our New York Law Office
Our office is located at 401 Park Avenue South.
Take 26th Street from FDR Drive, or 28th Street from 12th Avenue to quickly reach our office from anywhere in Midtown. Please schedule an appointment before you visit our office location. Scheduling ahead of time will allow us to be better prepared to help you with your NY overtime claim.
Ottinger Employment Lawyers
401 Park Ave S
New York, NY 10016
Click here for subway information.
Contact us at 347-492-1904 to see if we can help you.