New York Overtime Wage Violation Lawyers

Helping Employees With Overtime Wage Violations in New York

When you work more than your weekly amount, you expect your employer to compensate you for those hours worked. But when your employer does not provide you with rightfully earned overtime wages, you may need legal assistance. The attorneys at BKL are here to represent you and bring you justice for overtime wage violations.

Call Brown Kwon & Lam today at (212) 295-5828 or contact us online to schedule a consultation with our overtime wage violation attorneys in New York City.

What are New York Employers Required to Pay For Overtime?

Under New York labor laws, an employer is required to pay overtime to employees at the rate of 1½ times the employee’s regular rate of pay for all hours worked in excess of 40 hours in a workweek. However, some exceptions to this rule apply. 

Those who do not qualify for overtime pay include:

• executive, administrative, professional, and outside sales employees
• certain computer employees

Are Non-Live-In or Non-Residential Employees Entitled to Overtime Pay in NY? 

Under New York labor laws, non-live-in or non-residential employees are generally entitled to overtime pay when they work more than 40 hours in a workweek. This includes being compensated at a rate of 1.5 times their regular hourly wage for any hours worked beyond the standard 40-hour workweek.

What is the Fair Labor Standards Act?

The Fair Labor Standards Act (FLSA) sets the 40-hour workweek, minimum wage, overtime pay, recordkeeping, and youth employment standards for the United States. Under the act, there are no limits to the number of hours an employer can require an employee to work on a given day or workweek. However, it does require overtime pay unless it is one of the aforementioned exempt categories.

To determine overtime pay, an employer must determine the employee’s regular rate of pay, the applicable hours in a workweek, and any time worked in excess of that number. In addition, if an employer enters into a contract with an employee that requires greater overtime compensation, that must be followed. Or, if the state or federal laws impose a greater overtime rate of pay then explained in FLSA, that must also be the rate of pay.

What Compensation Could I Be Entitled To?

If your employer withheld your overtime pay, you may be entitled to compensation, including:

• Back pay
• Damages caused by the failure to pay
• Attorney’s fees
• State Civil Penalties of up to $1,000
• FLSA Violation Penalty up to $10,000

If your employer is not paying you overtime wages, you may have a lawsuit for unpaid wages. 

How Our Overtime Wage Violation Attorney Can Help You

Here’s how we can assist you:

• Thorough Case Evaluation: We will carefully review your employment records, pay stubs, and any other relevant documentation to identify any potential overtime wage violations. Our goal is to uncover discrepancies in how your overtime pay was calculated and ensure that all hours worked are accounted for.
• Legal Representation and Advocacy: If we determine that you have been a victim of overtime wage violations, we will vigorously represent you in negotiations with your employer or in court, if necessary. We will advocate to recover the full amount of unpaid overtime wages and any additional damages you may be entitled to under the law.
• Protection Against Retaliation: If you have faced or are concerned about retaliation from your employer after reporting wage violations, we can help protect your rights. Retaliation is illegal, and we will take swift action to hold your employer accountable and seek compensation for any harm caused.
• Comprehensive Legal Guidance: Wage and hour laws can be complex, with many nuances affecting your case. We will provide you with clear, concise legal advice and guide you through every step of the process, ensuring that you fully understand your rights and options.
• Maximizing Your Compensation: In addition to recovering unpaid overtime wages, we will also seek any applicable penalties, interest, and legal fees on your behalf. We aim to maximize your compensation and hold your employer accountable for their unlawful actions.

Contact Our Overtime Wage Violation Attorney in NYC Today

If you suspect your employer has violated overtime wage laws, acting quickly to protect your rights is essential. Wage and hour claims are subject to strict deadlines, and delaying action could result in losing your right to recover the compensation you are owed.

Our New York City overtime wage violation lawyer is ready to fight for your rights and ensure you receive the pay you deserve. Contact Brown Kwon & Lam today to schedule a consultation and take the first step toward obtaining justice for the unpaid wages owed to you. We are committed to standing by your side and advocating for your rights in the workplace.

Contact Brown Kwon & Lam, LLP today to get started with our New York City overtime wage violation lawyers.