Is It Against the Law Not to Pay Me Overtime?

While some people may take it for granted, overtime is a hard-won victory for American workers. Although current overtime laws were passed in the 1930s, the fight for fair compensation for extra work goes back to the 1700s. As a result of centuries of effort, today, most American workers are legally entitled to additional compensation for work performed over 40 hours a week.

In some instances, certain employees may be classified as exempt from overtime pay. Often, these are employees who work on sales commissions or who are salaried at a specific amount of income each year, regardless of how much or little they work. In some instances, though, employers may misclassify an employee. This is often done in an effort to avoid having to pay overtime by making it appear as though an employee is exempt. Not only is this behavior illegal, but it can also cost employers serious money.

Under both New York and federal law, you can sue an employer who has misclassified you to avoid paying you overtime. Often, when employers misclassify employees, it is because they believe they can get away with it. An employer may believe their employees do not have the time, resources, or desire to seek compensation. This is wrong- and the attorneys at Rizzuto Injury Firm are here to help make it right. That’s why, if you or a loved one were misclassified by an employer and are entitled to overtime pay, you must call one of our compassionate yet fierce employment attorneys right away.

What are the Laws Regulating Overtime?

Overtime is covered under the Fair Labor Standards Act, or FLSA. Under the FLSA, non-exempt employees must receive time-and-a-half compensation for any work performed over forty hours. Time and a half means your base pay plus 50%. For example, if you are paid $10 an hour, your overtime pay would be $15 an hour.

Most employees are non-exempt. A few examples of exempt employee types include, but are not necessarily limited to:

  • Farm Laborers
  • Certain Salespeople
  • Taxi Drivers
  • Clergy
  • “Highly Compensated” Executive-Level Employees
  • Independent Contractors/1099 Employees
  • Certain Government Employees

These are a few examples of exempt employees; however, there are still unavoidable circumstances under which even exempt employees may qualify for overtime.

It is not uncommon for employers to classify non-exempt employees as exempt employees in an effort to avoid paying them overtime. This is especially frequent in industries that require a great deal of overtime from their employees. For example, it is common for businesses to classify workers who would usually be considered employees as 1099 contractors. This allows a company to avoid paying overtime and benefits. Businesses may also attempt to claim that you have an executive title that exempts you from overtime pay, while your duties, responsibilities, and pay may not reflect an actual executive status.

These are only a few strategies a business may employ to avoid paying you overtime. Misclassifying employees is not an uncommon phenomenon. That’s why, if you or a loved one has any concerns about unpaid overtime, it’s vital you speak with an experienced workplace attorney.

Do I Have to Sue to Get Compensated?

The State of New York provides multiple legal options for recovering lost wages due to misclassification. An attorney can review your options with you and determine which is the best route. In some instances, an attorney can help you collect without having to go through the potentially challenging process of taking your employer to court.

One option is to file a claim with the New York Department of Labor (NYDOL). If the DOL finds that you are owed overtime, they will take action against your employer to ensure you receive fair compensation.

You may also file a similar claim with the U.S. Department of Labor. Remember that overtime pay is regulated under the FLSA, which is a federal law. This means that federal authorities may investigate if it turns out a company has been violating the law.

Filing a claim or complaint may be the easiest route for individuals who are not owed a large amount of money or who work for smaller employers. However, if a larger corporation owes you a significant amount of money, a lawsuit is often the best route.

Larger companies may have the ability to tie up an investigation with red tape. Even if your employer is found to be at fault, you may not be able to obtain as much money through a complaint as through a lawsuit. For example, you will have to spend your own time and resources filing and pursuing a claim. You cannot seek compensation for this extra time, which can become a kind of second job.

However, if you file a lawsuit, you can seek compensation for the time it takes you to pursue legal action. This is why, if you’re owed unpaid overtime after having been misclassified as exempt, it’s best to contact one of our experienced workplace attorneys.

What Should I Do if I’m Owed Unpaid Overtime in New York?

Many employers misclassify their employees as a matter of course. Many people are aware of this and see unpaid overtime as “the cost of doing business.” No one should accept this. Overtime pay is a state and federal right for eligible employees. If your employer has misclassified you to avoid overtime pay and you’re entitled to back pay, don’t hesitate to contact one of the compassionate yet aggressive attorneys at Rizzuto Injury Firm.

At Rizzuto Injury Firm, we pride ourselves on our proven track record of pursuing predatory workplaces. Our attorneys believe a hard day’s work is entitled to fair pay. We don’t have any tolerance for greedy companies taking advantage of their employees. That’s why we pursue employers with everything we’ve got. We’ll fight for you to get you what you deserve. Don’t hesitate. If your employer owes you unpaid overtime, call one of the attorneys at Rizzuto Injury Law at 516-604-5496 to schedule your free consultation.