Unpaid overtime lawyers NYC

NewYork City Overtime Lawyers Not Paid

Ensure workers get paid overtime when they earn it

Employers who require or permit employees to work overtime are generally required to pay employee premium pay Failing to pay overtime is a common wage-hour violation in NewYork City, as well as nationwide Unpaid wages attorney NYC, whether it is intentional or negligently, is not a rare occurrence You may have overtime pay that was incorrectly calculated for years or your entire department, or even the entire workforce, might not receive their overtime The Unpaid overtime lawyers NYC at Mansell Law assist NewYork City employees in obtaining the overtime pay and any interest, penalties, and other damages allowed by NewYork law.

What is Overtime?

Except where exempted by law, overtime pay must be paid to employees who work more than 40 hours in a week This is at a rate that is not less than half of their regular pay rates. Employees 16 years and older can work as many hours as they wish in any given workweek provided that they are paid fairly. Aworkweek for an employee is a period of 168 hours that is fixed and recurring. It consists of seven 24-hour consecutive periods. It does not have to be the same week as the calendar, but can start at any time of day. Different employees may have different workweeks. It is forbidden to average the hours worked over a period of more than two weeks. Overtime pay earned during a workweek must be paid on a regular payday for that pay period. An employee's minimum wage cannot be reduced unless they are exempted All remuneration received for employment is included in the regular rate of pay, except certain exclusion payments The regular rate does not include payments for expenses incurred by the employer, premium payments paid for overtime work, true Premiums for work on Saturdays, Sundays and holidays, discretionary bonus payments, gifts and payments in nature of gifts for special occasions, as well as payments for periods when no work has been performed due to vacation, holiday, or illness

What are the NewYork Employers' Overtime Rules?

Common violations of pay include, but not be limited to:

Overtime exempted from misclassification

"Off-the-clock" work

Improper OTcalculation methods

Inability to pay compensation time (travel, donning/doffing, on-call; training)

Violations of the minimum wage

Failing to provide real rest and meal breaks

Vacation forfeitures

Charge backs or improper wage deductions

Employees are not reimbursed for uniforms and expenses

Incorrect classification as an independent contractor

Who is exempt from NewYork City Overtime?

Overtime rules in NewYork and FLSAcover most employees However, some exceptions do exist These workers are exempted from overtime pay requirements:

Executive, administrative, and professional employees (the white collar exemptions).

Salespeople from the outside

Individuals who work for the federal, state or municipal governments

Farm workers

Some volunteers, interns, and apprentices

Taxicab drivers

Religious orders members

Certain people work for charitable or religious institutions

Counselors for camp

Individuals who work for a fraternity or sorority, student association, or faculty association

Part-time babysitter

All employees in NewYork, except for those listed above are covered under the overtime law.A"employee", according to NewYork Labor Law, is any individual who is employed by or allowed to work for an employer in any occupation. Government employers are not required to pay overtime. However, overtime is available for charter schools, private schools and other non-teachers who work in school districts.

Workers who are not covered by the FLSAovertime rules but exempted from it under FLSA will receive overtime at one-and-a-half times the applicable NewYork minimum wages, instead of one and one half times their regular pay rate as required under FLSA These employees may be eligible for overtime at a higher rate if they agree with their employer or their employment contract

Are you being denied overtime in NewYork City For assistance, call Mansell Law.

Call Mansell Law at 646-921-8900 if you feel you are not receiving the overtime pay you are entitled to We can provide a free consultation with one of our skilled and experienced New York employment lawyers Unpaid wages can be recovered, but only for a limited time After that, they are lost forever Call our law firm now for a free consultation