Employees work hard at their jobs and deserve to be paid fairly. This is especially true when it comes to getting paid overtime. New York laws state that employees should receive pay equal to 1.5 times their regular hourly rate for any time worked over 40 hours in a week. Sometimes employers will find ways around these laws, so it’s important to get employment lawyers in NYC involved in these situations. Here are three common overtime wage violations employers commit.
Not Calculating Hours Correctly
Any lawyer in New York will say that an employee’s time for the day begins when they start doing work. In the restaurant industry, many restaurants require employees to come to work early to clean and set up tables before clocking in. This is miscalculating hours and can take away overtime pay from employees who deserve it. Working off the clock is against the law and employment lawyers in NYC should get involved any time it occurs.
Classifying Employees As Independent Contractors
Anyone classified as an independent contractor is not entitled to overtime pay. But anyone who is an employee is required to receive overtime pay by law for any hours worked over 40 in a week. Employers often try to get around this by classifying employees as independent contractors so they don’t have to pay them overtime. If you are given regular responsibilities, use company equipment, and are given specific directions on how to do your job, you should be considered an employee and be paid accordingly.
Providing Comp Time In Place Of Overtime
Many NYC law firms see situations where employers offer comp time instead of paying overtime. So if an employee works 45 hours in a single week, then they can use the extra 5 hours over 40 as comp time to use as time off on a different day. While some people might see this as beneficial, it’s against the law and a lawyer in New York should get involved. Overtime wages can add up to significant earnings you could be losing by accepting comp time.
Gordon & Gordon has seen numerous cases where employers take advantage of employees. You deserve to be paid the appropriate overtime rate for any hours worked over 40. If you don’t believe this is happening with your employer, then it’s time to take the next step. Don’t hesitate to contact us to schedule a consultation with one of our experienced attorneys and we will review your case thoroughly and provide top-notch representation.