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January 25, 2021

Failure to Pay Overtime

An employee has a right to receive overtime pay pursuant to state and federal laws. Any hours worked beyond 40 in this work week are subject to overtime pay. New York law requires an overtime rate of 1.5 times the state minimum wage. Federal law requires an overtime rate of 1.5 times their regular rate of pay. An employer must follow the law that gives the most benefits to the worker when differences exist between New York and federal overtime rules.
Here are some common ways overtime rules are violated:

  • Treating an employee as an independent contractor
  • Failure to calculate hours on a weekly – 7 consecutive day – basis
  • Forcing an employee to work off the clock
  • Forcing an employee to waive their right to overtime pay
  • Failing to pay for all hours worked including:
  • Time spent on activities before a shift including logging onto a computer, dressing in required clothing or
  • protective gear, preparation &/or inspection of machinery, tools or equipment
  • Time spent working at home including answering work emails and texts
  • Time spent working on a break
  • Time spent on-call time (if required to remain on company premises)
  • Time spent traveling while on business
  • Time spent training (if mandated)

If your employer wrongfully withheld overtime pay, your damages could include:

  • Unpaid back pay (up to 6 years)
  • Liquidated damages (double pay)
  • Punitive damages (in the event of retaliation)
  • Attorney’s fees

If you believe you’ve been cheated out of overtime pay, the experienced New York City overtime attorneys at Greenstein & Milbauer, LLP can help you recover your overtime wages and other damages. Our firm’s motto is “Don’t Be A Victim Twice”. Call 1-800-Victim2 (1-800-842-8462) to schedule a confidential consultation with the overtime attorneys at Greenstein & Milbauer, LLP. The call is free. The consultation is free. You don’t pay us unless we are successful. That’s our “Our Fee Guarantee: No Fee Unless Successful!”

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