Unpaid Overtime

Unpaid Overtime Lawyer in New York City

For working people, overtime means extra pay. If a dispute arises about overtime pay, you may need the advice and services of a New York City unpaid overtime attorney. The federal Fair Labor Standards Act (FLSA) guarantees fair hours and wages and sets the rules for overtime.

For instance, if you earn $20 an hour and work ten hours of overtime, your employer must pay $30 per hour for each overtime hour. If your New York or New Jersey employer is not paying you time-and-a-half for overtime, schedule a consultation immediately with a New York City unpaid overtime lawyer at The Law Office of Vincent Miletti, Esq.

New York laws expand beyond federal legal protections and cover more workers, including some workers exempt under the FLSA. What can you do if your employer isn’t paying you for overtime? What should New York and New Jersey workers know about overtime and the law?

How Does the FLSA Protect Working People in New York?

The FLSA took effect in 1938 after shady employers took advantage of the Great Depression by forcing employees to work long hours under dangerous conditions. Despite federal and state laws, some employers today still try to cheat employees out of legally-mandated overtime pay.

For example, an employer could ask you to work “off the clock.” An employer could even alter your time sheet or attempt to pay you “straight” time for your overtime hours. If this happens, The Law Office of Vincent Miletti will help you obtain your pay and stand up for your rights.

If you and your unpaid overtime lawyer can prove an employer has not paid you what is required by law, a New York or New Jersey court can hold the employer liable and order the employer to pay your back wages, additional damages, and, in some cases, your lawyer’s fees.

What Additional Protection Does New York State Law Provide?

New York overtime laws offer the same protections as federal law but expand eligibility to workers in specific industries. For example, although state overtime requirements do not cover federal, state, and local government employers, state law does cover employees of charter schools, private schools, non-profit corporations, and non-teachers employed by school districts.

The New York Department of Labor states, “Some occupations are exempt from overtime under the FLSA, but are still entitled to overtime under the New York State Labor Law . . . State Labor Law requires an overtime rate of one and a half times the state minimum wage for their overtime hours, regardless of the amount of their regular pay.”

New York wage theft protections, enforced by the state’s Department of Labor, help to “collect wages owed to workers once they file a claim with us.” Generally speaking, New York State law offers more robust legal remedies than the FLSA and longer time limits for filing claims.

What Are The Most Common Unpaid Overtime Violations?

The FLSA and state laws make it illegal not to pay an employee time-and-a-half for working more than forty hours a week, but these laws have not stopped some New York and New Jersey employers from trying to avoid paying their employees for overtime work.

Some employers avoid paying overtime by knowingly misclassifying an employee as an independent contractor. The Fair Labor Standards Act protects employees from misclassification, and New York wage laws offer strong legal protections for independent contractors.

At The Law Office of Vincent Miletti, Esq., a New York City unpaid overtime attorney can take aggressive legal action on your behalf against an employer that misclassifies and exploits employees. Unethical New York and New Jersey employers avoid paying time-and-a-half by:

  1. misclassifying the job as exempt from the overtime rules
  2. requiring employees to work off the clock
  3. averaging out the hours worked over a two-week pay period
  4. not paying for work done at home
  5. ignoring the state and federal wage and hour laws

Which New York Workers Are Exempt and Non-Exempt?

The following jobs are usually classified as exempt and not entitled to overtime pay in New York State:

  1. administrative personnel
  2. consultants and independent contractors
  3. executives supervising two or more full-time employees
  4. licensed professionals such as doctors, lawyers, and certified public accountants
  5. outside salespersons

Merely because your job has the word “executive” in the title, it does not mean your employer is exempt from paying overtime. An employer may misclassify an employee’s position solely to avoid paying overtime. Employers sometimes misclassify the following positions as exempt:

  1. account executives
  2. administrative assistants and secretaries
  3. analysts and researchers
  4. computer help desk technicians
  5. customer service representatives

Placing an employee on a salary does not necessarily mean an employer can avoid paying time-and-a-half for overtime work. If you are unsure whether you are entitled to time-and-a-half pay for overtime, discuss your case with the legal team at The Law Office of Vincent Miletti, Esq.

Not Paid for Overtime in New York or New Jersey? What Can You Do?

If you are not receiving the overtime pay that a New York or New Jersey employer owes you, or if the employer is violating any federal or state wage and hour law, immediately arrange to meet with a New York City unpaid overtime lawyer at The Law Office of Vincent Miletti.

The Law Office of Vincent Miletti will evaluate your claim and recommend your best legal option. Attorney Vincent Miletti is a skilled negotiator who will work to obtain a negotiated settlement without taking your employer to court. Specifically, he will:

  1. determine your eligibility for overtime pay
  2. help you calculate the total amount your employer owes you
  3. assist you in gathering evidence (timesheets, pay stubs, texts, emails, and other records)
  4. send the employer a formal demand letter and negotiate on your behalf

If you are eligible for overtime, you can take several steps to help your unpaid overtime case. Record everything that may be pertinent. Pay stubs can prove what you were paid. Keeping a record of your hours can help your lawyer learn where the problem lies and how it happens.

What if Your Employer Denies Your Claim?

If the employer denies your unpaid overtime claim and will not negotiate or negotiate in good faith, attorney Vincent Miletti will take your employer to trial. He will handle the discovery process (where both sides exchange information), negotiations, and, if necessary, a full trial.

Attorney Vincent Miletti will also advise you whether a settlement offer is acceptable or if you should continue pursuing the case. If the case goes to trial, and you and your attorney prove that your employer has not paid you what is legally required, a court will find the employer liable.

Attorney Vincent Miletti will explain your rights and protect you if your employer retaliates because you exercised those rights. In New York and New Jersey, it is illegal for an employer to fire, demote, or take any adverse retaliatory action against you for filing an unpaid wage claim.

What Can You Receive if Your Unpaid Overtime Lawsuit Prevails?

Employers who do not pay time-and-a-half for overtime are guilty of wage theft and may face significant legal penalties. In New York State, an employee has six years to file a lawsuit for wage theft. Do not wait six years. Wage theft victims should speak to a lawyer immediately.

Employees may combine federal and state claims and pursue both in federal court to maximize the recovery of their rightful wages. Employees who prevail with a lawsuit for unpaid overtime may receive compensatory damages and, in some cases, liquidated damages.

Compensatory damages reimburse you for lost wages. In some cases, a court may also order the payment of liquidated damages as punishment for the employer’s willful misconduct. Liquidated damages in these cases typically equal one hundred percent of the compensatory damages.

When Should You Contact Attorney Vincent Miletti?

Whether you work for a large or small business in New York or New Jersey, you deserve to be paid adequately for your efforts and hard work. If you are concerned that you are not being paid overtime and are not exempt, reach out immediately to The Law Office of Vincent Miletti, Esq.

Our law firm advocates for clients dealing with employment issues. We counsel and represent clients throughout New York and New Jersey. Schedule a consultation immediately to speak with New York employment attorney Vincent Miletti if you are dealing with:

  1. unpaid wages or unpaid overtime
  2. wrongful termination
  3. whistleblower retaliation
  4. sexual harassment
  5. ongoing employment discrimination
  6. hiring discrimination
  7. civil rights violations
  8. a hostile workplace

Do not try to act as an attorney. Employment law is exceedingly complicated, and doing it yourself could lead to costly mistakes.

Attorney Vincent Miletti Will Fight for Your Rights

The legal team at The Law Office of Vincent Miletti, Esq., has over fifteen years of legal experience in New York and New Jersey. Since 2012, our legal practice has expanded to protect New York and New Jersey workers from exploitation by unscrupulous employers.

We will negotiate aggressively for you and go to court if necessary to bring your unpaid overtime case to its best possible resolution. If your legal need is related to your employment rights, New York City employment rights attorney Vincent Miletti is here to help.

Our offices are conveniently located in Queens and Brooklyn. If your employer is not paying you the overtime you earn, call The Law Office of Vincent Miletti, Esq., at 314-648-2586 in New York or 609-293-5928 in New Jersey to schedule a free case evaluation and strategy session.