What to Do When Your Employer Refuses to Pay Your Overtime in New York
November 9, 2023
What to Do When Your Employer Refuses to Pay Your Overtime in New York
Overtime pay is a legal right, and your employer is obligated to pay you if you work more than 40 hours per week, except in certain exempt positions. However, some employers may refuse to pay overtime or may try to misclassify you as exempt to avoid paying overtime. If your boss refuses to pay your overtime, there are legal options available in New York that you can explore. In this blog post, we’ll discuss how you can ensure that overtime gets paid, what your legal options are, and how an attorney can help you pursue unpaid wages from your employer.
First of all, it’s important to know your rights as an employee regarding overtime pay. Under the Fair Labor Standards Act (FLSA), non-exempt employees are entitled to time-and-a-half pay for all hours worked over 40 hours in a workweek. In New York, the state minimum wage and overtime rules are more favorable to workers than those under federal law. For example, the current New York State minimum wage is $15 per hour, and the overtime rate is one-and-a-half times the regular rate of pay for all hours worked over 40 in a workweek, regardless of how many hours were worked in a given day. Make sure you know what your rights are and keep accurate records of your hours worked, pay rate, and overtime hours.
If you believe your employer is not paying you the overtime pay you are entitled to, you should speak to your employer first and try to resolve the issue amicably. It’s possible that there is a misunderstanding or mistake, and your employer may be willing to correct it. If this approach doesn’t work, you can file a complaint with the New York State Department of Labor or the federal Department of Labor.
If your employer fails to pay you overtime, you can file a wage and hour claim with the New York State Department of Labor. You will need to provide documentation that supports your claim, including timesheets, pay stubs, and other evidence. The Department of Labor will investigate your claim and determine whether your employer has violated wage and hour laws. If the Department of Labor finds that your employer did violate the law, they can order your employer to pay you back wages, damages, and penalties.
If you are having difficulty getting your employer to pay you overtime, it may be time to hire an attorney who specializes in employment law. An experienced attorney can help you assess your legal options, file a complaint, or take your employer to court if necessary. At LAWYERFORWORKERS, we have successfully represented many clients in wage and hour disputes, including unpaid overtime cases. Our attorneys can help you understand your rights, build a strong case, and fight for the compensation you deserve.
In sum, if your employer refuses to pay you overtime, you have legal options available in New York. Speak to your employer first, keep accurate records of your hours worked, and file a wage and hour claim if necessary. If you are having difficulty getting your employer to pay you, it may be time to hire an attorney to help you protect your legal rights and pursue the compensation you are entitled to.
Your overtime pay is valuable, and you should not let your employer deprive you of it. If you have been denied overtime pay or you have been misclassified as exempt, the law is on your side in New York. By speaking to your employer, filing a wage and hour claim, and hiring an attorney if necessary, you can assert your rights and ensure that you are paid what you are owed. At LAWYERFORWORKERS, we are committed to helping New York employees get the justice and compensation they deserve. Contact us today to schedule a consultation and learn more about how we can assist you.
Know Your Rights Regarding Overtime Pay
First of all, it’s important to know your rights as an employee regarding overtime pay. Under the Fair Labor Standards Act (FLSA), non-exempt employees are entitled to time-and-a-half pay for all hours worked over 40 hours in a workweek. In New York, the state minimum wage and overtime rules are more favorable to workers than those under federal law. For example, the current New York State minimum wage is $15 per hour, and the overtime rate is one-and-a-half times the regular rate of pay for all hours worked over 40 in a workweek, regardless of how many hours were worked in a given day. Make sure you know what your rights are and keep accurate records of your hours worked, pay rate, and overtime hours.
Speak to Your Employer
If you believe your employer is not paying you the overtime pay you are entitled to, you should speak to your employer first and try to resolve the issue amicably. It’s possible that there is a misunderstanding or mistake, and your employer may be willing to correct it. If this approach doesn’t work, you can file a complaint with the New York State Department of Labor or the federal Department of Labor.
File a Wage and Hour Claim
If your employer fails to pay you overtime, you can file a wage and hour claim with the New York State Department of Labor. You will need to provide documentation that supports your claim, including timesheets, pay stubs, and other evidence. The Department of Labor will investigate your claim and determine whether your employer has violated wage and hour laws. If the Department of Labor finds that your employer did violate the law, they can order your employer to pay you back wages, damages, and penalties.
Hire an Attorney
If you are having difficulty getting your employer to pay you overtime, it may be time to hire an attorney who specializes in employment law. An experienced attorney can help you assess your legal options, file a complaint, or take your employer to court if necessary. At LAWYERFORWORKERS, we have successfully represented many clients in wage and hour disputes, including unpaid overtime cases. Our attorneys can help you understand your rights, build a strong case, and fight for the compensation you deserve.
Take Action and Protect Your Rights
In sum, if your employer refuses to pay you overtime, you have legal options available in New York. Speak to your employer first, keep accurate records of your hours worked, and file a wage and hour claim if necessary. If you are having difficulty getting your employer to pay you, it may be time to hire an attorney to help you protect your legal rights and pursue the compensation you are entitled to.
Your overtime pay is valuable, and you should not let your employer deprive you of it. If you have been denied overtime pay or you have been misclassified as exempt, the law is on your side in New York. By speaking to your employer, filing a wage and hour claim, and hiring an attorney if necessary, you can assert your rights and ensure that you are paid what you are owed. At LAWYERFORWORKERS, we are committed to helping New York employees get the justice and compensation they deserve. Contact us today to schedule a consultation and learn more about how we can assist you.
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