In today's competitive workforce, it's not uncommon for employees to feel they are not receiving fair compensation for their efforts. If you're concerned about being treated unfairly at work regarding your compensation, especially overtime pay, our employment attorneys are here to let you know more about the laws that protect you as an employee.
You are entitled to overtime pay, and failure to pay overtime violates the Fair Labor Standards Act (FLSA) and its New York counterpart, the New York Labor Law.
What is the Fair Labor Standards Act (FLSA)?
The Fair Labor Standards Act (FLSA) is a federal law that establishes minimum wage, overtime pay eligibility, recordkeeping, and child labor standards. This act affects both full-time and part-time workers in the private sector and federal, state, and local governments.
Non-exempt employees must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay.
Exempt vs. Non-Exempt Employees
The classification of employees as exempt or non-exempt significantly impacts their eligibility for overtime pay. Understanding the difference between exempt and non-exempt employees can help determine your rights.
Exempt Employees:
- Generally paid a salary rather than an hourly wage.
- Do not qualify for overtime pay, according to the FLSA.
- Positions often include managerial, executive, and professional roles.
Non-Exempt Employees:
- Typically paid an hourly wage.
- Eligible for overtime pay for any hours worked over 40 in a week.
- Non-exempt workers should know their rights to ensure they receive fair compensation.
Calculating Overtime for Salaried Employees
Many employees believe that being on a salary means they are not entitled to overtime pay. However, this is a misconception. Salaried employees can be eligible for overtime if classified as non-exempt. Here's how to calculate overtime for salaried employees:
- Determine Regular Rate of Pay: Divide the weekly salary by the number of hours the salary is intended to compensate.
- Overtime Rate: Overtime must be paid at one-half times this regular rate.
- Total Overtime Pay: Multiply the overtime rate by the number of overtime hours worked.
Common Causes of Overtime Violations in New York
- Misclassification of Employees: Employees may be incorrectly classified as exempt from overtime, leading to violations.
- Incorrect Calculation of Overtime: Overtime pay might be miscalculated due to errors in applying the correct rate.
- Off-the-Clock Work: Employees may work outside of official hours without pay, violating overtime rules.
- Inaccurate Timekeeping Systems: Errors in timekeeping systems can result in incorrect tracking and payment of hours worked.
- Failure to Pay for All Hours Worked: Employers might not compensate employees for all time spent on job-related tasks.
- Misunderstanding Overtime Rules: Confusion about overtime regulations can lead to improper pay practices.
- Intentional Non-Compliance: Employers may deliberately avoid paying overtime to cut costs.
Why Should I Hire an NY Employment Lawyer?
An experienced unpaid overtime lawyer or FLSA lawyer can help you understand your rights and take the necessary steps to claim unpaid wages.
- Expert Guidance: Lawyers specializing in employment and wage law can provide expert guidance tailored to your situation.
- Legal Representation: In situations where employers are unwilling to settle, legal representation can ensure your case is heard and adjudicated fairly.
- Peace of Mind: Knowing that your case is in capable hands allows you to focus on your work without the stress of an unresolved wage dispute.
Why Should I Work With the Attorneys at Mizrahi Kroub LLP?
Our attorneys know the nuances of New York's labor laws and will leverage their experience and skill to get you the settlement you deserve. We've recovered over a billion dollars for our clients, and our team is ready to help you.
Contact the Employment Lawyers at Mizrahi Kroub Today
Don't hesitate to get legal assistance from an experienced wage-and-hour lawyer. Take action to protect your rights as a hard-working employee. We'll fight for you because Mizrahi Kroub believes every worker deserves to be fairly compensated for their time and effort.
Case Studies of Unfair Compensation Practices
Scalia v. Shoreline Building Services
It was found that the company failed to pay its employees the required overtime wages. This resulted in a significant legal battle where the employees were eventually compensated for their unpaid wages.
Crystal Middleton; Case No. 1:20-cv-00345-JTN-SJB
Crystal Middleton's case further illustrates the importance of understanding your rights. Middleton's employer failed to properly classify her, leading to unpaid overtime wages. The court ruled in her favor, emphasizing employers' need to adhere to fair labor practices.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.