Overtime pay disputes are the most common type of wage and hour cases. In New York, all employees are entitled to be paid an increased rate for each hour worked over 40 in a workweek. However, many New York employers do not pay the increased rate for these extra hours and many employees do not get paid at all for these extra hours.
Overtime pay violations often impact many employees at the same company as it is usually the result of a company policy. Since many people are impacted at once, these cases are typically brought as class actions. In a class action, all of the employees who have lost their overtime pay can be included in one case and recover their wages. These cases are usually brought under the New York Labor Code and the FLSA and they include penalties that can double the amount owed to each employee.
If you are owed overtime pay, please give us a call at 212-960-3305. Some employees are exempt from the overtime pay laws. Typically managers, executives, professionals and other high level employees are exempt and therefore not entitled to overtime pay.