New York Overtime Attorneys

Employers are required to provide overtime pay when an employee works more than 40 hours in one week, except for those employees who fit within one of the specific exemptions. Denying overtime pay is a form of wage theft.

Several laws govern overtime in New York state, including the federal Fair Labor Standards Act (FLSA) and New York State Labor Law (NYLL). Penalties include double the amount that should have been paid and up to $10,000 per year in fines. If you have been denied overtime pay, or you have been wrongly classified as an exempt employee, you may have a claim. A New York employment lawyer can help.

New York Overtime Lawyer

Common Exemption Problems 

The Department of Labor has tagged a number of problems that commonly come up relating to the exemption for executive, administrative, and professional workers. The top contenders include workplaces in which:

  • Salaried workers are docked for time missed due to illness.
  • Exempt employees with academic degrees perform exclusively unprofessional, unrelated work.
  • Acquired job skills are confused with the need to use independent judgment and discretion.
  • Salaried employees are all labeled exempt, without regard to actual work duties or the percentage of time spent on them.

If you believe you have wrongly been classified as an exempt employee, and thus been denied overtime, you may have a claim. A New York employment lawyer can help you recover double damages plus penalties.

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