Get Legal Support for your Unpaid Overtime Claim from the Top Employment Law Attorneys in New York

Navigating unpaid overtime claims can be challenging and complex. Shalom Law is dedicated to helping employees across Queens, Brooklyn, Bronx, Manhattan, Staten Island, Nassau County, Suffolk County, and parts of Upstate New York  understand their rights and ensure they receive the compensation they are entitled to under federal and state laws.

Understanding Overtime Regulations

The Fair Labor Standards Act (FLSA) and the New York State Minimum Wage Orders regulate overtime pay. Generally, employers are required to pay time and a half (1½) for every hour worked over a 40-hour workweek. Some employment types require overtime pay for hours worked over 44 hours in a week.

Federal and State Overtime Protections

The Federal Fair Labor Standards Act mandates that any underpaid employee is entitled to compensation for the unpaid wages and potentially damages. If an employer’s mistake is determined to be in “good faith,” they may avoid paying damages.

Key Points of Overtime Law:

• Overtime Rate: Generally, time and a half for hours worked over 40 in a week.
• Exemptions: Some employees, such as farm laborers, government workers, and certain executive, professional, administrative, and volunteer roles, are exempt from FLSA overtime regulations.
• State Regulations: New York State has additional protections that may cover employees not protected under the FLSA.

Complexities in Overtime Claims

Understanding whether your job is exempt from FLSA or state labor laws is crucial. Jobs paid by salary or freelance may still be entitled to overtime. The hourly rate is calculated by dividing the total pay by the number of hours worked. Different pay rates for various job aspects are averaged based on hours worked, and overtime is calculated weekly.

Important Considerations:

• Holidays, Weekends, and Night Work: These do not automatically qualify for overtime but can be negotiated in employment contracts.
• Waivers and Agreements: Overtime cannot be waived, and agreements to pay overtime are upheld even if pre-approval is required by the employer.

Legal Protections and Claims

Both federal and state laws regulate overtime for specified employees. Employees excluded from the minimum wage law are not eligible for overtime under these laws. However, those excluded from the FLSA might still be eligible under New York state laws. In New York, once a violation is established, employees can recover unpaid wages and liquidated damages unless the employer proves good faith.

Steps to Take:

• Document Hours Worked: Keep detailed records of your work hours.
• Consult an Attorney: An experienced employment attorney at Shalom Law can help evaluate your claim and navigate the legal process.

Shalom Law: Protecting Your Rights

At Shalom Law, we are committed to ensuring that your rights are protected and your interests are maintained. Our knowledgeable and professional attorneys represent both employers and employees in unpaid overtime claims.

Why Choose Shalom Law:

• Expertise: Deep understanding of federal and state labor laws.
• Client-Centered Approach: Dedicated to protecting your rights and securing the compensation you deserve.
• Experienced Representation: Skilled in both negotiating settlements and litigating in court.

If you believe you are owed unpaid overtime, contact Shalom Law for a consultation. For more detailed information, you can refer to the U.S. Department of Labor’s Fair Labor Standards Act (FLSA) page.

Unpaid Overtime FAQ