Overtime Attorney in Brooklyn

It’s quite important to know how much overtime pay you are entitled to, as well as whether or not you are entitled at all. New York law for overtime follows the federal law according to the Fair Labor Standards Act (FLSA). Though there are some exceptions, the general rule of the FLSA is that if you are entitled to overtime pay, it is one-and-a-half times your normal wages for any hours worked over 40 hours.

Despite this law, some employers in New York have tried a number of different methods to get out of paying overtime. This can include, but is not limited to, forcing employees to do additional work off the clock or misclassifying them as workers that are exempt from overtime.

Working “Off-the-Clock”

Employees are supposed to be compensated for the entire length of time they are furthering their employer’s business, even if it exceeds 40 hours per week. Yet, some employers require their employees to perform work either before clocking in or after clocking out.

Even small tasks before or after your shift will start to add up. Spending just five minutes off the clock completing an extra task can add up to hours of unpaid labor in just a couple of weeks. Before you know it, a year has passed and there is a substantial amount of money you are owed but have not received.

Misclassification

Another way employers may try to reduce paying employees fair wages is by misclassifying them. Standard wage and hour laws don’t apply to those who are labeled as independent contractors, but sometimes employees are mislabeled as independent contractors so their employers can avoid paying them overtime.

There is a multi-factored and fact-intensive legal test for distinguishing between an employee and an independent contractor. This test looks at the nature of your work, the amount of supervision you receive, where your work is performed, and who provides your tools, among other factors.

There are a number of other ways that employers can misclassify their employees so as to not have to pay them overtime, even though they are entitled to it. This can include classifying an employee as salaried instead of hourly, so that they don’t believe that they are entitled to overtime pay. All of these tactics are illegal under New York law.

At Morgan & Morgan, our attorneys have an expert understanding not only of New York law but of federal overtime law according to the Fair Labor Standards Act. We may be able to help you file a claim under the FLSA to recover unpaid wages. These claims may permit you to recover double the amount of damages you incurred as a result of the wage law violation, attorneys’ fees and related legal costs.

With so many different ways employers try to game the system and avoid paying employees a fair wage, it becomes more and more important for employees to know their rights. If you are not sure about whether you are a victim of wage theft, it may be time to contact an experienced overtime attorney in Brooklyn.

As time passes, an employer’s refusal to pay you overtime can really add up, no matter how small it may seem at first. Don’t hesitate to contact our overtime attorneys in Brooklyn to give yourself a chance to recover the overtime pay you’ve earned.

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