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Failure To Pay Overtime

Employees who work overtime reasonably expect that they will be properly compensated for those hours.

However, for a variety of reasons, some employers fail to properly pay employees for the overtime hours they work.

The laws surrounding overtime pay can be complex. Employees are often left with many questions:

  • What hours count towards overtime?
  • Am I even eligible for overtime pay?
  • Why did my employer fail to pay me for overtime hours?
  • Can my employer make me work off the clock?

In unpaid overtime cases, both state and federal employment laws may apply. Employees in New York are protected by both the Fair Labor Standards Act (FLSA) and the New York Labor Law (NYLL). Employers must meet the requirements of these laws. When they fail to do so, employers can be held accountable and employees may have legal recourse.

At Katz Melinger PLLC, we represent employees who have been unfairly denied overtime pay. If your employer failed to pay you for working overtime, call our office at 212-460-0047.

Exempt Vs. Nonexempt Employees

In unpaid overtime cases, it is important to determine whether an employee is exempt or nonexempt:

  • Exempt employees are not eligible for overtime pay. These employees are generally salaried and are in an executive, professional, or administrative position as defined by federal and state law.
  • Nonexempt employees are eligible for overtime pay, which is generally 1.5 times their regular pay for any hours worked over 40 per week.

However, some employees do not realize they are entitled to overtime pay because their employers misclassify them as exempt. Whether an employee is exempt or nonexempt can be a difficult question and requires an analysis of the employee's job duties. There are many exceptions to these rules, adding to the complexity of these cases.

If you have questions about whether you are properly classified, it is advisable that you speak to an employment attorney who can help you determine your proper classification.

Questions? Talk To An Attorney Today.

If you have not been paid for overtime that you worked in the past six years, talk to one of our attorneys. You may be eligible for back pay and additional damages.

Complete our online contact form or call our office at 212-460-0047. We are located in New York City, and we represent clients in all boroughs, Nassau County, Suffolk County, Westchester County and its surrounding areas, and northern New Jersey.