NYC Unpaid Overtime Lawyer
New York City unpaid overtime lawyers Mansell Law help workers receive unpaid overtime due to misclassification, miscalculations or other mistakes.
An employer who requires or permits an employee to work overtime is generally required to pay the employee premium pay for overtime hours. Unfortunately, failing to pay overtime is one of the most common wage and hour violations that occur in New York City and nationwide. Whether failing to pay overtime negligently or intentionally, unpaid overtime is rarely a one-time occurrence. Your overtime pay may have been regularly miscalculated for years, or a whole department or the entire workforce where you work might not be getting their overtime correctly. Through individual claims and class action lawsuits, the NYC unpaid overtime lawyers at Mansell Law help New York City employees get the overtime pay they are entitled to, plus interest, penalties and other money damages allowable under New York law.
Except for the occupations listed above, all employees in New York are covered by the state’s overtime law. An “employee” under New York Labor Law is “any individual employed or permitted to work by an employer in any occupation,” excepting those listed above. Also, government employers do not have to pay overtime, but overtime does cover charter schools, private schools, not-for-profit corporations and non-teachers working for school districts.
When workers are exempt from overtime under FLSA but covered under New York’s overtime rules, they receive overtime at one and a half times the applicable New York minimum wage, rather than one and a half times their regular rate of pay as required under the FLSA. However, these employees could receive overtime at a higher rate by agreement with their employer or through their employment contract.
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