New York Wage and Hour Attorney

If you are an employee who worked more than 40 hours in a week, you may be owed overtime pay. Under the Fair Labor Standards Act (FLSA) you are entitled to time-and-a-half compensation for working more than 40 hours in a week or ten hours in a day. Moreover, the FLSA makes it illegal for your employer to withhold overtime pay if you are a non-exempt employee. New York wage and hour attorney Derek T. Smith, Esq.represents clients with complaints against employers who are not properly paying employees.

There are two basic categories of employment that determine whether overtime pay is available to an employee. Exempt  employees receive a regular salary each pay period regardless of the number of hours worked. These are generally higher level positions meeting very specific criteria to earn that exemption. Non-exempt positions have all the protections provided by the FLSA for overtime pay. Employers may try to avoid paying overtime by misclassifying employees as exempt, having employees work off the clock, or refusing to pay employees for certain hours worked.

According to New York wage lawyer Derek T. Smith, Esq., employers oftentimes do not pay any wages at all. Very often this leads to a minimum wage violation under the FLSA, as this conduct is illegal in most circumstances. In other cases, employers do not pay full wages to employees, neglect to pay overtime, or pay below minimum wage. These are almost always illegal wage violations.

It does not matter if you agreed to work for less than minimum wage or for free. Under the law, you cannot waive your rights to fair compensation. The rule is that if your employer allows you to work, you have to get paid for all the time you worked.

Recourse for recovering unpaid overtime

According to the FLSA, you can file a private suit against your employer for unpaid overtime or minimum wage violations. In addition, the FLSA enforces penalties on your employer if he or she improperly classifies you as exempt. Violations of minimum wage and overtime payment requirements of the FLSA can lead to substantial penalties, which almost always end up being double what is owed to the employee to curtail future abuses. An experienced wage attorney in New York can advise you if you have a legitimate case.

Attorneys fees are paid by the employer.  Often, it costs you nothing in the long run to sue your employer. Plaintiffs (people filing lawsuits) are entitled to recover reasonable attorney fees and costs from the employer as part of the verdict or settlement of your case. Your lawyer can help work this out when your case is resolved.

You can sue without fear of retaliation. It is against state and federal law to fire, harass or discriminate against an employee who files a grievance, complaint, or employment-related lawsuit.

When you need a wage lawyer in New York

If you feel that you have not been fairly compensated by your employer, you should contact an experienced wage attorney in New York to discuss your legal rights. During your consultation, you can:

  • Learn more about the Fair Labor Standards Act
  • Find out if you have a legal claim
  • Decide if it is worth your time and effort to pursue a lawsuit

Contact us

If you are owed unpaid overtime or other wages by your employer, speak with an experienced New York wage attorney right away. The skilled attorneys at The Derek T. Smith Law Group, P.C., are ready to fight for and protect your rights. Our goal is to get the best possible results for you. Please feel free to contact Mr. Derek T. Smith, Esq. personally at the New York City labor law firm of The Derek T. Smith Law Group, P.C. by calling our toll-free number 1-877-4NYLAWS today.