Outstanding and unpaid overtime wages trigger problems for your employer under two employment regulations: prompt payment of wages and accurate overtime calculation. If your boss is withholding pay or using creative measures when determining your regular wages, a Bronx unpaid overtime lawyer can help you successfully file your claim and expose your boss to liability for failing to honor his or her duty to pay you on time and in full. What’s more, New York and federal laws protect against adverse retaliation by your boss, meaning he or she cannot fire you for raising a claim.
Bronx Unpaid Overtime Attorney Discusses the Basics of Overtime Laws
Overtime laws are determined by federal and New York labor laws. On the federal side, overtime wages are determined by the provisions of the Fair Labor Standards Act. New York laws, which must complement or expand (not reduce) federal protections, also provide addition guidelines for employers to follow.
Under federal laws, any non-exempt employee who works more than 40 hours in a given payroll period must be compensated at one and one-half times the employee’s regular wage during the overtime period. Under New York laws, domestic staff (also known as “live-in workers”) are not eligible for overtime pay until the 44th hour of work within a payroll week, at which point overtime rates apply.
Wrongfully Withholding Pay
Once established that your employer owes you additional wages under federal and state overtime laws, it is considered a separate and distinct violation to withhold pay for an amount of time beyond what is permissible under the law. According to New York laws, wage theft occurs when an employer wrongfully withholds pay that is owed to a worker and can result in both civil and criminal consequences. In general, an employer must pay earned wages to an employee pursuant to the regularly-established payroll schedule. Therefore, any weeks wherein an employee earns overtime must be paid along with the regular paycheck for that time period. In other words, an employer cannot withhold payment of overtime any longer than he could withhold payment of regular wage earnings.
Bronx Unpaid Overtime Attorney Discusses What to Do to Recover Your Pay
Working with a Bronx unpaid overtime attorney is the best way to ensure you are paid what you are owed. If you have already approached your employer on the topic and were not successful in obtaining your unpaid wages, the next step is to lodge a complaint with both federal and state authorities. A successful unpaid overtime or wage theft action will result in payment of overtime with interest and penalties as determined by the court.
Contact a Bronx Unpaid Overtime Attorney Today
If you are awaiting unpaid overtime and are unsure what to do next, contact a Bronx unpaid overtime lawyer right away. Your employer is likely relying on the notion that you will not seek your unpaid overtime, despite the fact it lawfully belongs to you. For help with your claim, or to commence a wage theft cause of action, a Bronx unpaid overtime attorney at the Law Office of Delmas Costin, Jr. by calling 718-618-0589.