Failure to Pay Overtime

You are at work all week making sure to put in your requisite 40 hours, but midweek you are told that you must work overtime. At first glance, it can be a welcomed idea until you realize that you will only receive straight time for the time worked in excess of 40 hours and not time and a half. Though this scenario is troublesome, some people know it all too well while having to accept the pay that is given for overtime. However, depending on your position and the company you work for, not receiving overtime pay of your regular hourly rate and a half is illegal. If you or a loved one have been the subject to working overtime and not being paid the requisite amount of time and a half, contact an experienced New York overtime pay attorney.

Who is Required to Pay Overtime?

Though it may seem like every business that has employees should be required to pay overtime, this not the case. Only those businesses that are covered by the Fair Labor Standards Act (FLSA) are required to pay their employees their regular rates of pay plus half for all hours worked in excess of 40 hours in a work week. Even if a business is not covered, you may be covered under the FLSA individually, if you produce, receive, ship, transport, or load goods that move in interstate commerce, including guards, janitors, and maintenance employees who perform duties closely related to interstate activities. Independent contractors and professional workers may not be entitled to overtime pay.

What are the Overtime Laws?

Overtime laws can seem straightforward, but employers often violate these laws. If you or your employer are covered by the overtime laws, your employer must pay you one and half time your regular rate of pay for all hours worked in excess of 40 per week. For example, if your hourly rate is $10 an hour and you exceed 40 hours, the additional time worked must be paid at a rate of $15 an hour for each hour in excess of the required 40. Though criminal charges are rare for employers who do not pay overtime to their employees, the FLSA does contain criminal penalties for repeat offenders. Lastly, if your employer fails to pay you overtime, you have the right to back pay and double damages, as well as being able to bring a lawsuit on behalf of you and other employees who have fallen victim to this violation.

Need Legal Advice Regarding Overtime Laws in NYC?

You work hard for your money and you work even harder when you work beyond your requisite 40 hours. Therefore, you have a right to be paid adequately for the overtime put in depending on what type of worker you are considered. If you or a loved one believe that you have a case against an employer for the failure to pay you overtime contact The Law Offices of Joseph & Norinsberg LLC at 212-JUSTICE or info@employeejustice.com to determine whether you may have a case. We are dedicated to fighting for you.

2020-11-10T23:16:57+00:00December 20th, 2015|Wage & Hour Violations|

Glowing Client Reviews

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.

TESTIMONIALS

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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