How to Recover Unpaid Overtime In New York
How should you go about recovering unpaid overtime in New York? Not being paid for overtime work you have done can come as a nasty shock to your budget. Discussing the matter with your employers is clearly the first step. If there has been an error or oversight, an ethical employer will make things right.
Still, there are times when employers try to avoid their responsibilities to employees. If this has happened to you, you’re entitled to claim your overtime through the Department of Labor. Although this sounds simple, legal representation and direct negotiation are advisable, improving your chance of success and fast-tracking the process.
Check Your Eligibility For Overtime
The basic rule is that people who work more than 40 hours a week are entitled to “time and a half” payment of overtime. However, there are exemptions. In other words, not all workers qualify for overtime. In addition, the Department of Labor stipulates that some workers have higher threshold hours to reach before they qualify for overtime.
Your employment contract is a document worth checking, even if you fall into an overtime-exempt category. It is a legal agreement, and if your employer has stipulated overtime pay as a benefit, they are required to pay it or risk being in breach of contract.
Remember, a contract that requires you to accept something unlawful is not binding. Get a lawyer’s opinion if your contract stipulates that you do not qualify for overtime pay.
Once you are sure you are eligible for overtime, send your employer a written request for payment. Keep a copy and record any responses. It will show that you attempted to recover your pay in person through internal channels before reaching out for help.
Gather Evidence That You Worked Overtime
You may know that you worked overtime hours, but you will need evidence that this is really so. Your hours worked should reflect on your pay stubs. If you notice inconsistencies, you will have to find other ways to prove that you worked the hours for which you are attempting to recover unpaid overtime. Failing to pay for overtime amounts to wage theft, and it’s only fair that you should recover your money.
This may be a good time to consult a New York employment lawyer about your predicament. They can advise you on how to go about proving your claims and whether you can claim overtime under New York labor law.
How Long You Have to Claim Unpaid Overtime in New York
Sometimes, workers are afraid to recover unpaid overtime through external channels. They are worried about retaliation, including dismissal. Although overt retaliation, like a dismissal right after you claimed unpaid overtime, is illegal, there are many subtle ways an employer can make an employee feel uncomfortable.
To protect you, New York law allows a six-year timeframe for the recovery of outstanding wages, including overtime. By law, your employer must keep detailed records on your employee file for the entire time you have worked for them. After you leave, they must retain the file for six years. This requirement may help your claim even when you are recovering unpaid wages after finding a new job.
With Strong Representation, You May Recover Your Overtime Faster
We often find that good negotiation skills and our deep knowledge of labor law are all it takes to help our clients recover overtime in New York. Because employment law is complex, some employers may think that they have managed to bypass overtime payment requirements through internal policies.
If they are incorrect in their assumptions, a meeting with us is frequently all it takes to get your claim approved and paid. You may recover amounts over and above your outstanding overtime. For example, you should be paid accrued interest and a waiting time penalty. Best of all, you can recover your legal costs. All in all, you can recover your compensation faster and more comprehensively with the right legal help.
As an employment law firm in New York, Gattuso & Ciotoli offers you a free first consultation. This all but eliminates any risk to you. You will get an unbiased assessment of your case and how likely you are to succeed, enabling you to make an informed decision on whether to press your claim.