How Do I Spot an Unpaid Overtime Dispute?

If you’ve been working extra hours without seeing it reflected in your paycheck, you may be a victim of wage violations. Workers in New York state have strong protections under both federal and state law, and understanding your rights in the workplace is the first step toward recovering your rightful compensation. Contact a New York wage violations lawyer to learn more about the claims process to find out what compensation is available in your case.

How Do You Spot an Unpaid Overtime Dispute?

Wage disputes can take many forms. Common signs that your employer may owe you unpaid overtime include:

• You regularly work more than 40 hours in a work week but are not paid at 1.5 times your regular rate of pay
• Your employer misclassifies you as “exempt” to avoid paying overtime — even though your actual job duties may not qualify for an exemption
•  Your pay period records show fewer hours than you actually worked
• You are paid a flat salary but expected to work unlimited hours with no overtime consideration
• Your bonuses or commissions are excluded when calculating your overtime rate

Under federal law and the New York State Minimum Wage Orders, most non-exempt workers are entitled to overtime pay. According to the New York City Bar Association, overtime must be paid at no less than 1.5 times the regular rate of pay for all hours worked beyond 40 hours in a  given workweek, or 44 hours for ‘live-in’ employees. Even if your employer insists you are exempt, it is worth speaking with a lawyer who deals with unpaid overtime cases to verify your classification.

What Compensation Can You Recover?

New York workers who successfully pursue unpaid overtime claims may be entitled to substantial relief. Employees can recover back wages owed plus an equal amount in liquidated damages — effectively doubling what they’re owed — along with attorney’s fees and court costs. It is important to note that there are certain differences between the national Department of Labor’s specificities, and those of your own state district, so it’s most important to speak to your local office about this issue.

New York offers even broader protections than the federal law. Under the New York Labor Law, workers have six years to file a claim — compared to only two or three years under the federal Fair Labor Standards Act (FLSA). This means you may be able to recover wages recover wages going back several years. Per the New York State Workers’ Injury Law & Research Group, employers who violate overtime laws are liable for unpaid wages, liquidated damages, attorney’s fees, and interest.

Steps to Pursue Your Unpaid Overtime Claim

If you believe your employer owes you overtime, here is how to begin. The Department of Labor provides concrete steps to get started:

Document everything: Gather information you will need to file your complaint, including pay stubs, timesheets, schedules, and any written communications about your hours and salary. Third party complainants may not be necessary, but the more information provided, the better picture the attorneys can envision.

How to File: Call 1-866-487-9243 or for general questions reach out to the Department of Labor online. For New York residents, you can find the appropriate number for your district here.

Report a wage concern: You may file a complaint with the Department of Labor’s Wage and Hour Division or the New York State Department of Labor.

Consult New York wage dispute lawyers: An experienced attorney can evaluate whether your employer’s practices constitute wage violations and guide you through potential lawsuits.

Act quickly: Even with New York’s generous statute of limitations, the sooner you act, the more of your unpaid overtime you can recover.

Call a New York Employment Law Attorney Now

No worker should leave hard-earned wages on the table. If you suspect your employer has denied you overtime pay, the legal team at Filippatos Law is here to help. If you are experiencing discrimination at work, please give us a call at 888-9-JOBLAW for a free consultation. We will do our utmost to help secure you the justice you deserve.