Unpaid overtime attorneys serving New York City

Under the Federal Fair Labor Standards Act (FLSA) and the Labor Laws of New York and New Jersey, employers must pay all "non-exempt" employees once and a half (1.5) their regular hourly rate for each hour He worked more than 40 in a week. There are serious consequences for employers who do not. We have extensive experience in representing companies and individuals in all forms of salary and schedule actions, from the most basic issues of a single applicant to complex class, collective and hybrid actions.


Employees per hour

Hourly employees, like restaurant workers, are usually the most obvious example of a "non-exempt" employee. Employees who are paid by the hour must be paid once and a half their regular hourly rate for all hours worked over 40 in a week. For example, if your regular hourly rate is $ 30 and you worked 45 hours in a week, you should be paid $ 45 per hour. ($ 30 x 1.5 = $ 45) for every additional 5 hours you worked, for a total of $ 225 in paying the overtime bonus, in addition to the $ 1,200 paid for hours 1-40. If your employer paid you $ 30 for all 45 hours, you are entitled to the difference between what you were paid for hours over 40 and what you should have paid, and perhaps additional amounts in the form of liquidated damages and interest.

Employee Wages

While it is necessary to pay an employee on a salary basis to establish many of the overtime exemptions, simply paying a salary does not make the employee exempt from receiving premium overtime compensation. Similarly, an employee's title is not a factor in their exemption status. Instead, employee duties largely determine whether they are entitled to overtime or exempt. As a general rule, the less discretion, flexibility and authority an employee has to fulfill their obligations, the less likely they are to qualify for an exemption.



Here is a list of jobs that are normally wrongly classified as exempt and entitled to overtime:

• Back office financial employees

• Account Executives

• Analysts and investigations.

• Customer Service Representatives

• Computer help desk.

Here is a list of jobs that are normally correctly classified as exempt and therefore not entitled to overtime:

• Executives (individuals who supervise 2 or more full-time employees and can hire, fire, determine compensation and discipline employees)

• Administrative staff

• external sellers

• Licensed professionals (such as doctors, lawyers, public


• Those with expert computer skills

• Independent contractors or consultants

• Those who require advanced degrees for the work they do.

Class and collective action: the benefits of group actions

Many issues of wages and hours, including overtime claims, are presented as a collective and / or class action. The basic difference is that once a class action has been approved by the court, current and past applicable employees are in the class unless they choose not to participate. In a collective action, however, you must choose affirmatively in the case. Our experienced employment lawyers have the knowledge and experience to handle collective and large and small actions.

There may be benefits for both the employer and the employees to resolve all issues in a collective or collective action. For example, each individual may have relatively small damages to justify the presentation of individual actions, while the employer may experience greater efficiencies and lower costs in resolving all claims in the group in a single stroke.

Types of damages

Damages for overtime not paid fall into two categories: compensatory and liquidated. Compensatory damages are payment for lost wages. Liquidated damages are designed to punish the company for intentional misconduct. Generally, under FLSA and state laws, liquidated damages equal 100% of the amount due. So, for example, if you are owed $ 1,000 overtime and liquidated damages are awarded, you will receive $ 2,000. You may also be entitled to legal interests.

How we  can help

We have the skills and experience to evaluate your legal options and to provide the services you need in the field of payment time. Contact us today to schedule a consultation.