New York Overtime Lawyer – FLSA & Wage and Hour Claims
New York Overtime and Wage & Hour Attorney
If you have worked overtime and were not properly paid, you may have a claim for unpaid wages under the Fair Labor Standards Act (FLSA), New York Labor Law, or both.
Most covered, nonexempt employees are entitled to overtime pay at one and one-half times their regular rate of pay for hours worked over 40 in a workweek, subject to applicable exemptions and special rules.
Overtime violations can occur when an employer requires employees to work off the clock, improperly classifies employees as exempt or independent contractors, fails to record all hours worked, incorrectly calculates overtime, or refuses to pay overtime because the employee did not receive advance authorization.
The Law Office of Joseph Kilada represents employees and employers in FLSA, overtime, wage and hour, and employment matters throughout New York City, Long Island, Nassau County, and Suffolk County.
What Is an FLSA Overtime Claim?
An FLSA overtime claim generally arises when a covered, nonexempt employee works more than 40 hours in a workweek but does not receive the overtime compensation required by law.
Whether overtime is owed depends on the employee’s classification, actual job duties, compensation, hours worked, and the federal and New York laws that apply.
Who Is Entitled to Overtime Pay?
Many employees are entitled to overtime, but exemptions can apply to certain employees.
The analysis may depend on:
- The employee’s actual job duties;
- Compensation;
- Whether the FLSA applies;
- Whether New York wage-and-hour law applies;
- The employee’s industry; and
- Whether an applicable overtime exemption is satisfied.
An employee’s job title alone does not determine whether the employee is exempt. Salaried employees can also be entitled to overtime when the requirements for an exemption are not met.
Unpaid Overtime and Off-the-Clock Work
Off-the-clock work is a common wage-and-hour violation. Potentially compensable work can include:
- Working before clocking in or after clocking out;
- Answering work emails or messages from home;
- Performing work during an unpaid meal period;
- Completing paperwork outside scheduled hours; or
- Performing remote work without recording all compensable time.
An employer generally cannot avoid paying for compensable work simply by having a policy prohibiting unauthorized overtime. The circumstances, including whether the employer knew or should have known that work was being performed, are important.
Overtime Misclassification and Independent Contractors
Some employees are improperly classified as exempt from overtime. Misclassification can involve employees described as managers, supervisors, administrators, professionals, sales employees, computer employees, or highly compensated employees.
Being paid a salary does not automatically eliminate overtime rights.
Similarly, calling a worker an independent contractor does not necessarily determine the worker’s legal status. A worker who has been improperly classified may potentially have claims for unpaid overtime, minimum wages, or other compensation.
The actual relationship between the worker and business must be evaluated under the applicable legal standards.
How Is Overtime Calculated?
For a typical covered, nonexempt hourly employee, overtime is generally paid at 1.5 times the regular rate for hours worked over 40 in a workweek.
Calculations can become more complicated when an employee receives a salary, commissions, bonuses, piece-rate compensation, multiple hourly rates, or other forms of compensation.
The regular-rate rules can affect the amount of overtime owed, making an accurate review of payroll and compensation records important.
New York Overtime Law
New York employees may have rights under both the FLSA and New York wage-and-hour laws.
New York generally requires covered employees to receive overtime at one and one-half times the regular rate for hours worked over 40 in a workweek, although certain industries and employees are subject to additional or different requirements.
New York law may provide protections that differ from federal law. An overtime dispute therefore should not automatically be analyzed under the FLSA alone.
Common Overtime and Wage Violations
New York overtime and wage-and-hour violations can include:
- Failure to pay time-and-a-half;
- Off-the-clock work;
- Unpaid pre-shift or post-shift work;
- Unpaid work during meal periods;
- Misclassification as exempt;
- Independent contractor misclassification;
- Incorrect overtime calculations;
- Improper deductions;
- Failure to pay all hours worked; and
- Retaliation after an employee complains about unpaid wages.
Retaliation for Complaining About Overtime
Employees may have protection against retaliation for exercising rights protected by the FLSA and applicable New York law.
Retaliation can include termination, demotion, reduced hours, discipline, threats, undesirable assignments, or other adverse treatment.
An employee may have a separate retaliation claim even when an employer disputes the underlying overtime violation.
What Damages May Be Available?
Depending on the applicable law and circumstances, potential recovery may include:
- Unpaid overtime;
- Unpaid minimum wages;
- Liquidated damages;
- Attorney’s fees;
- Litigation costs; and
- Other available relief.
The FLSA permits qualifying employees to recover unpaid wages and, subject to statutory requirements, an additional amount as liquidated damages, together with reasonable attorney’s fees and costs.
The amount potentially recoverable depends on the facts and applicable law.
How Far Back Can I Recover Unpaid Overtime?
FLSA claims are subject to statutory limitations periods. Generally, the FLSA provides a two-year limitations period, which may extend to three years for a willful violation.
New York wage claims can involve different limitations periods and remedies. Because deadlines can affect an employee’s ability to recover wages, potential claims should be reviewed promptly.
What Should I Do If I Am Owed Overtime?
If you believe you have not been properly paid, consider preserving records you are legally permitted to retain, including:
- Pay stubs and payroll records;
- Time records and schedules;
- Emails and text messages;
- Employment agreements;
- Compensation records;
- Calendars; and
- Records showing work performed outside scheduled hours.
Do not improperly remove confidential company information.
An employment attorney can evaluate your job duties, hours worked, compensation, classification, time records, and other evidence to determine whether you may have an overtime or wage-and-hour claim.
Representation of Employees and Employers
The Law Office of Joseph Kilada represents employees and employers in wage-and-hour and FLSA matters.
For employees, the firm handles matters involving unpaid overtime, off-the-clock work, misclassification, unpaid wages, and retaliation.
For employers and management, the firm provides representation concerning FLSA claims, overtime disputes, employee classification, wage-and-hour compliance, investigations, negotiations, and litigation.
Whether representing an employee seeking unpaid wages or an employer defending a wage-and-hour claim, the firm evaluates the applicable law, job duties, compensation structure, hours worked, records, and circumstances of the dispute.
New York Overtime Lawyer
If you have been denied overtime pay, required to work off the clock, improperly classified as exempt or an independent contractor, or retaliated against after complaining about unpaid wages, you may have legal rights.
A New York overtime lawyer can evaluate whether federal or New York wage-and-hour laws apply to your circumstances and what claims or remedies may be available.
If you are an employer or member of management facing an FLSA, overtime, wage-and-hour, or employee classification dispute, legal representation can help you understand your obligations, potential defenses, and available options.