Overtime Pay Laws Protect the Overworked and Underpaid

Has your boss made you work overtime hours without overtime pay just to make the budget look better or to please a penny-pinching senior management? If so, there are laws to protect you from working those 40+ hours with no extra compensation and there are laws to punish the corporate misers who are making you work those extra hours with no overtime pay.

Fair Labor Standards Act (FLSA)

The Fair Labor Standards Act (FLSA) of 1938 is a federal law passed by Congress that protects the rights of workers and ensures they receive fair wages. When employers fail to compensate employees overtime pay, they can be held accountable in a court of law. Under FLSA, all (non-exempt employees) must be paid time-and-a-half for any overtime hours they worked above the normal 40-hour work week. When the law was created in 1938, it was supposed to encourage employers not to overwork their employees and hire additional personnel as well as reward employees with a higher wage when they worked extra time. All New York workers are protected by the  Fair Labor Standards Act (FLSA) and New York Labor Law.

More Workers May Qualify for Overtime

The Obama administration is working to change labor rules that may extend overtime benefits to approximately five million people across the United States. The proposed changes would increase overtime eligibility to 970 a week in 2016. Therefore, employees who earn a yearly salary of $50,440 or less will qualify for overtime pay.

New York Overtime Law

According to New York Overtime Law, not all workers qualify for overtime pay. Many employees are considered exempt from New York Overtime Law because of the nature of their work. Blue-collar workers are not the only ones eligible for overtime according to New York Overtime Law. New York workers are exempted from overtime pay if they work 80% or more performing professional, administrative or outside sales tasks.

New York Overtime Law allows overtime pay for other workers, including professionals and administrative employees who have other duties for more than 20% of their work hours. In New York, employers are required to pay any non-exempt employee overtime when he or she works more than 40 hours in a regular workweek. New York Overtime Law does not require a company to pay workers overtime for weekend or holiday work unless those assignments create more than 40 hours a week for the employee. Furthermore, employers are not required to pay double time for any number of hours worked.

How Employers Break the Law

Often employers try to avoid paying employees overtime, by classifying a position exempt from overtime, when the position should not be exempt from overtime pay under New York Overtime Law. Sometimes employers will bank time or limit employees’ work hours for the following week to avoid paying overtime. Employers are breaking the law when they bank time or limit employees’ work hours. Under New York Overtime Law, overtime is determined on a weekly basis. Employees need to know their rights regarding overtime pay and wage violations.

Get Legal Help and Advice

If your employer (or former employer) has violated your right to a fair and decent wage or refused to give overtime pay, you may be entitled to compensation. Please contact the Law Offices of Joseph & Norinsberg. Their lawyers will provide an honest assessment of the strengths and weaknesses of your case. If your case merits going to court, the attorneys at the Law Offices of Joseph & Norinsberg will work diligently to help you find the justice you deserve. Contact the Law Offices of Joseph & Norinsberg at (212) JUSTICE or at info@employeejustice.com for a free initial consultation.

2020-09-17T22:32:39+00:00May 6th, 2016|Wage & Hour Violations|

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I am very amazed and pleased for the wonderful work Diego Barros did for me and our co-workers, speechless to see how wonderful and constructive everything work. First time with Diego Barros and i am totally impressed to have seen how great you have worked for all of us, i will totally recommend you to anybody who is in need of help without at doubt at all in all senses.

Mr. Diego helped me WIN and reach a great settlement. Wages recovered from lack of pay and serious misconducts from employer. He was very informative and easy to talk to every step of the way. Very happy with the settlement I received. He will go for the win and get you what you deserve! If you having problems with employment I give Mr. Diego my full recommendation to get your issues resolved.

Jon and his team are amazing. They fought every step of the way for me and my family. My case was handled with such care and concern and Jon’s honesty gave me great confidence in his ability to win my case.

To have Bennitta Joseph who wins high profile cases against companies like Delta is a win for any company. The fact that they equip entrepreneurs like me with tools to compete with fortune 500 is a competitive advantage. If you are a company that deals with people and wants to succeed, hiring her is a must!

This was the first and hopefully my last lawsuit and the process wasn’t what I thought. The patience shown to me (even when I became frustrated) was great. Everyone showed respect, sensitivity, and I’d recommend the firm to everyone. Losing my job set me behind on several bills, but I can now pay them. The situation I went through will help me going forward.

This was the first and hopefully my last lawsuit and the process wasn’t what I thought. The patience shown to me (even when I became frustrated) was great. Everyone showed respect, sensitivity, and I’d recommend the firm to everyone. Losing my job set me behind on several bills, but I can now pay them. The situation I went through will help me going forward.

Bennitta Joseph is committed to Justice. After be wronged at work in 2015, and discriminated against I felt very hopeless and wronged. I felt as though I had no hope standing up to a corporate giant, and no chance of winning. After explaining my case and sharing the facts Bennitta felt differently. She did warn me it would be a long and tough road and that I had to have thick skin. In my experience if you take Bennitta’s lead and trust her legal experience no case it too big, or too small for her…

Me trataron muy bien y estoy satisfecho con el servicio. Inicialmente llamé para unirme a un caso anterior, pero cuando ya era demasiado tarde para unirme a ese caso, estaban felices de luchar por un segundo caso. No pensé que podrían hacer que otro caso funcionara, pero lo hicieron. Aprendí cuáles son mis derechos en cuanto a salario mínimo y tiempo extra y puedo usar esta información en el futuro. Recomiendo mucho la oficina.

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I am very amazed and pleased for the wonderful work Diego Barros did for me and our co-workers, speechless to see how wonderful and constructive everything work. First time with Diego Barros and i am totally impressed to have seen how great you have worked for all of us, i will totally recommend you to anybody who is in need of help without at doubt at all in all senses.

Ysaac G

Mr. Diego helped me WIN and reach a great settlement. Wages recovered from lack of pay and serious misconducts from employer. He was very informative and easy to talk to every step of the way. Very happy with the settlement I received. He will go for the win and get you what you deserve! If you having problems with employment I give Mr. Diego my full recommendation to get your issues resolved. 

D.F.

To have Bennitta Joseph who wins high profile cases against companies like Delta is a win for any company. The fact that they equip entrepreneurs like me with tools to compete with fortune 500 is a competitive advantage. If you are a company that deals with people and wants to succeed, hiring her is a must!

Karleen L.

This was the first and hopefully my last lawsuit and the process wasn’t what I thought.  The patience shown to me (even when I became frustrated) was great.  Everyone showed respect, sensitivity, and I’d recommend the firm to everyone.  Losing my job set me behind on several bills, but I can now pay them.  The situation I went through will help me going forward. 

Isaiah B.

I had an excellent experience with the firm and with Bennitta Joseph as my attorney. Everyone I dealt with was extremely courteous, friendly and very helpful. The settlement will help me financially as I look for a job.

Kate P.

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