Unpaid Wages And Overtime Attorney in Bronx, NY – Delmas A. Costin, Jr.
Having a job that pays you an income at the end of the week or month could be the best thing that ever happened to you. You can meet financial obligations at home or school. But are you getting paid as you should for your input at the workplace?
Many employers like to cut corners when paying employees fair wages and overtime pay as the law demands. If you have such an employer, you need an unpaid salary and an overtime attorney to help you get your rightful wage for your time and effort.
This post takes a critical look at New York’s law on employment wages and when you should seek legal redress about your wages by answering the following questions:
- What is New York’s law on employment wages
- What is New York’s law on overtime wage?
- Are there workers who are exempt from overtime wage?
- What is wage theft in New York employment law?
- Is there a time limit for claiming unpaid wages in New York?
- How can an attorney help me recover my unpaid wages?
- How can I prove that my employer owes me unpaid wages and overtime?
- What happens if I have no proof of unpaid wages or overtime hours?
- What happens if I can’t raise attorney fees for my unpaid wages and overtime compensation claim?
What Is New York’s Law On Employment Wages?
The New York Labor Law requires your employer to, at the very least, pay you its set minimum wage per hour for all the hours you work in a 24-hour cycle. The standard hours you should work and receive the minimum wage in a week is 40. Any work hours beyond 40 in a week are considered overtime and should be compensated at time-and-a-half your regular rate of pay.
The New York employment law requires employers to inform employees of their wages, including overtime wages and their rights and protections as employees. Every business establishment must have these policies displayed in a common area where all employees can see them at all times.
If your employer does not pay your wages, you have the right to report them to the New York Department of Labor (DOL) and recover your wages. In addition, the law allows you to consult an unpaid wage and overtime attorney to help recover your unpaid wages.
What Is The New York Law On Overtime Wage?
As stipulated in the Fair Labor Standards Act (FLSA), you are entitled to overtime pay as an employee in New York. This act requires your employer to pay you a time-and-a-half rate for every working hour above the mandatory 40 that constitutes a workweek.
For example, if you work 50 hours in a particular week, you are entitled to a regular wage of 40 hours and 10 hrs at the overtime rate, which is one-and-a-half of your standard rate.
You are entitled to an overtime wage, whether your employer has an overtime policy in place or not. However, if your employer requires you to work off the clock and does not compensate you for the same, you can seek reprieve from the law with the help of an attorney with experience in unpaid overtime claims.
Are There Workers Who Are Exempt From Overtime Wage?
Yes. Not all workers are entitled to overtime wages. According to the New York employment law, the following workers may be exempt from overtime wage:
- Executives in a company
- Administrative employees with powers to hire and fire employees
- Professionals in particular fields of work
- Some agricultural workers
It is important to note that not all executives, professionals, or salespeople are exempt from overtime wages. Some employers may take advantage of these exemptions by misclassifying your position and giving you the above titles in the workplace to escape paying overtime wages.
You may only qualify for this exemption if:
- You earn a salary that is at least double New York’s minimum wage
- Your job entails significant personal judgment and discretion to complete
Suppose you suspect your employer may have misclassified your position. In that case, you can consult an unpaid overtime attorney to help calculate your unpaid overtime hours and claim payment from your employer.
What Is Wage Theft In New York Employment Law?
According to the New York employment laws, the following employer actions are wage theft:
- Failure to pay you for hours worked, including overtime hours
- Unauthorized deductions from your paycheck
- Misclassifying you as exempt from overtime pay
- Failure to provide mandatory work breaks
As an employee in New York, the New York Wage Theft Prevention Act requires your employer to provide you with written notice of your pay rate when hiring you. This notice should include your overtime pay rate and any other wages and allowances you are entitled to while employed.
The law also requires your employer to notify you of any changes to their pay rates that may concern you seven days before effecting them on your paycheck. Your employer must also keep an accurate record of all the hours worked and refer to it when paying your wages. This provision prohibits your employer from denying you or manipulating your legal wage rate.
Wage theft is a severe crime in New York. Employers who engage in wage theft may be subject to criminal penalties, including fines, license cancellations, and imprisonment. As an employee, wage theft can leave you struggling to meet your daily needs and threaten your mental health and sense of security.
The New York State Wage Theft Prevention Act prohibits your employer from retaliating when you claim unpaid wages and overtime. However, overdue wages and overtime attorneys can help you lodge a court claim if your employer threatens to retaliate after complaining of wage theft.
Is There A Time Limit To Claiming Unpaid Wages In New York?
You can lodge a claim to recover your unpaid wages as soon as you realize your employer owes you and is unwilling to pay. You can hire an unpaid wages attorney to help you claim your unpaid wages and overtime pay while the company still employs you or after you leave.
However, there are exceptions to claiming compensation for unpaid wages. For example, you may not recover unpaid wages if you complain after six years of not receiving your wages.
How Can An Attorney Help Me Recover My Unpaid Wages?
An unpaid wage and overtime attorney can help you recover your compensation for work done in the following ways:
- Educating you on your right to compensation as a worker
- Gathering records of unpaid wages and overtime hours
- Filing a claim with the New York State Department of Labor within the stipulated claim deadlines
- Filing a lawsuit against your employer
- Negotiating with your employer to try to reach an out-of-court settlement agreement
- Representing you at a court hearing or trial
How Can I Prove That My Employer Owes Me Unpaid Wages And Overtime?
If you believe your employer owes you wages and overtime compensation, you can prove so to your attorney and the New York Department of Labor by providing the following:
- Documents like a job offer letter, pay stub or contract to outline your employment duties and the agreed hourly wage rate and deductions on your salary
- Record of any time you have worked off the clock, during lunch break, or any other overtime hours with or without your employer’s knowledge
- Any record of your employer asking you to sign a waiver of your rights to any unpaid wages, including overtime wages.
- Records showing your employer asking or paying for overtime in the form of gifts or extra time off work instead of the stipulated overtime wage.
What Happens If I Have No Proof Of Unpaid Wages Or Overtime Hours?
If you believe your employer owes you unpaid wages or overtime hours but have no proof, you can request your employer to provide your pay stub or a record of your work hours as stipulated in the employment law.
These records can help your attorney establish a pattern of unpaid wages or overtime and build a strong case in your defense. If your employer refuses to provide these records, you can request the New York Department of labor for the same.
If you don’t manage to get physical documentation to support your claim, you may still be able to prove wage theft by using non-physical evidence. This evidence can include emails or text messages between you and you and your employer about hours worked, witness testimony from co-workers, or time cards. Again, an experienced New York unpaid wages and overtime attorney will know how to use this evidence to build a strong case on your behalf.
What Happens If I Can’t Raise Attorney Fees For My Unpaid Wages And Overtime Compensation Claim?
Hiring unpaid wages and overtime attorneys may be the only way you can recover compensation for worked hours from your employer. However, if you are unable to raise attorney fees to kickstart your claim, you can still be able to hire one on a contingency basis.
Most unpaid wages attorneys are willing to take on cases and only require payment once you win the case and get your compensation. There is also a chance that you win your claim, and the court orders your employer to cover your attorney fees, alongside compensation for other damages on your side.
Contact our Bronx Unpaid wages and overtime attorneys at 718-618-0589
Unpaid wages and overtime attorneys can help determine if you have a solid claim, help you build one within the legal frameworks, and recover monies you owe if you suspect your employer of wage theft. Contact us today to protect your right to fair pay in the workplace.