Syracuse Overtime Claims Attorney

You work hard to earn your money. When you go to work every day to support yourself and your family, you deserve to be paid fairly. This includes not only receiving an adequate wage but also being paid any overtime you work. At Gattuso & Ciotoli, PLLC, we are here to help when you need a Syracuse overtime claims attorney. We are dedicated to ensuring that you receive fair pay, so let us investigate your case today.

Why Choose Gattuso & Ciotoli, PLLC To Help Your Case?

If you have not received the correct overtime pay from your employer, you need an attorney with experience handling these cases. Gattuso & Ciotoli, PLLC is ready to help.

We have more than 50 years of combined legal experience that we are ready to bring to your side. We will stand up to your employer.
We have a history of successful results, and we thoroughly understand the tactics used by employers and their legal teams in these situations.
We take Syracuse overtime claims cases on a contingency fee basis, which means our clients will not pay any legal fees until after we secured the compensation they deserve.

What Will A Syracuse Attorney Do To Help?

In order to properly investigate wage and overtime violations, a skilled Syracuse employment law attorney will be beneficial. An attorney will have the resources necessary to conduct a full investigation into any wage or overtime violations. They will obtain employment records, payment history, and other internal organizational documents to prove violations.

Once an overtime violation has been established, a Syracuse trial attorney will negotiate with the employer and/or the employer’s legal team to obtain the compensation their client needs.

Types of Compensation for Overtime

If your employer violates New York’s overtime laws, you have the right to file a claim to recover the compensation you deserve. Under New York law, you can file a claim for unpaid wages over the past six years. Your Syracuse overtime claims attorney at Gattuso & Ciotoli, PLLC can help you calculate the full extent of your compensation and pursue aggressive legal action against your employer.

Common types of compensation in overtime claims include the following.

Back pay for overtime
Liquidated damages
Legal fees and court costs
Waiting time penalties
Interest on unpaid overtime wages

Understanding Overtime Pay Requirements

Employers covered under the federal Fair Labor Standards Act (FLSA) must provide overtime pay to their employees. In general, an employer will fall under the FLSA if they generate more than $500,000 in annual sales. Many employers who are exempt from FLSA are still required to pay overtime under New York State Labor Law.

Under most circumstances, employees in New York are entitled to overtime pay if they:

Have worked more than 8 hours in a single day
Have worked more than 40 hours in a workweek

Overtime pay in New York is calculated based on the requirements under the FLSA. This means that eligible employees will be entitled to one and a half (1.5) times their regular hourly rate. For those who are more than 12 hours in a single day at the same job, they may be eligible to receive more than double their hourly rate.

Overtime pay for those on salary is a bit more challenging to calculate, but those individuals are still generally entitled to overtime pay so long as they are not exempt under federal or New York law.

Overtime Laws In New York

As long as you are an eligible employee, you have the right to receive overtime pay for any excess hours that you work. If your employer fails to pay the overtime pay that you deserve. You can hold him or her accountable by filing a wage claim. To understand whether you qualify for a claim, it is important to understand various overtime laws in New York.

How Much Is Overtime Pay in New York?

In New York, eligible employees can recover one and a half times their regular rate of pay for all excess hours that they work. For example, if you work at an hourly rate of $20 per hour, your employer must pay you $30 for every extra hour. If you perform 3 hours of overtime work, you will receive an extra $90 on your paycheck.

How Many Hours Can an Employee Work without Overtime Pay?

Under New York law, eligible employees are entitled to overtime pay for all hours that they work in excess of the regular workweek. For purposes of overtime, a standard workweek contains seven consecutive 24-hour periods, which can begin on any day of the week that coincides with a pay period.

Most employees must receive overtime if they work more than 40 hours in one workweek. Employees that are classified as live-in or domestic workers must receive overtime pay if they work more than 44 hours during the same period. Domestic workers perform services such as child or elderly care, property maintenance, and cooking while living on their employers’ premises.

Employers have the right to establish their own workweeks, as long as the measurement is fixed and consistent. If an employer attempts to alter the definition of a workweek so that he or she can avoid paying overtime, he or she can face severe legal consequences.

Can Your Employer Ask You to Waive Your Right to Overtime?

Some employers may tell their employees that they can waive their right to overtime pay. In other situations, an employer may tell employees that overtime work is not allowed or that he or she will not pay these wages unless this work is authorized.

Although these announcements may seem serious or official, your employer cannot avoid paying overtime wages if you work excess hours. Your employer cannot cancel or ask employees to waive the right to overtime pay. If your employer attempt to enforce such an agreement, he or she will violate regulations established by New York Labor Law.

Are Government Employees Eligible for Overtime Pay?

New York overtime requirements apply to all employees who meet the eligibility requirements. Under the state’s labor law, an employee is a person who is permitted by an employer to work in an occupation. He or she is eligible for overtime pay if he or she makes a certain income and is not employed in an exempt position.

In most cases, federal, state, and local government employers are not required to follow New York overtime laws. However, the law does apply to charter schools, private schools, not-for-profit corporations, and people who work in school districts in positions other than teaching. Organizations who fail to comply with these laws could face litigation and other penalties.

Types of Compensation for Overtime

Common types of compensation in overtime claims include the following.

Back pay for overtime
Liquidated damages
Legal fees and court costs
Waiting time penalties
Interest on unpaid overtime wages

Understanding Overtime Pay Requirements

Under most circumstances, employees in New York are entitled to overtime pay if they:

Have worked more than 8 hours in a single day
Have worked more than 40 hours in a workweek

What Kind Of Compensation Is Available?

If you or somebody you love has not been receiving overtime pay from an employer, you may be entitled to various types of compensation. At Gattuso & Ciotoli, PLLC, we are going to conduct a full investigation into these allegations so we can recover the following on your behalf:

Any unpaid overtime wages you are owed
Interest on any of those unpaid wages
A waiting time penalty
Your court costs and legal fees

New York Time Limit for an Overtime Claim

Like most civil claims, New York imposes a statute of limitations for unpaid overtime claims. This law establishes a time limit for filing a wage claim, and if you do not file your claim by the established deadline, the court will likely dismiss it. In New York, you have six years to file an unpaid overtime claim in civil court. To determine your filing deadline, speak to an attorney as soon as you believe you may be eligible for unpaid overtime.

Is Unpaid Overtime Illegal?

New York employers must follow federal and state guidelines for overtime pay. Under federal law, an employee is entitled to one and a half times his or her regular rate of pay for every hour he or she works in excess of 40 hours per week. Under New York law, employers must pay the federal compensation for overtime, but the state establishes different rules regarding weekly hours.

If a Syracuse employee lives on the employer’s premises, he or she will begin to receive overtime if he or she works more than 44 hours per week. If the employee does not live on the employer’s premises, he or she should receive overtime after 40 hours per week. There are certain exceptions to these rules, so it is important to consult with an attorney to determine your legal options.

As long as the employer is not exempt from paying overtime, unpaid overtime is a violation of both federal and New York labor laws. Employers who repeatedly violate these laws can face civil penalties and fines. In severe cases, an employer could face prison time for failure to comply with overtime laws.

Examples of Overtime Compensation and Exemptions

Not all New York employees qualify for overtime. First, exempt employees must earn a minimum wage of $684 per week—although this minimum wage may vary based on job location and company size. Generally, workers who perform executive, administrative, or professional duties are exempt from overtime pay.

The state examines the following criteria to determine an employee’s overtime eligibility.

Executive overtime exemptions: These employees have a primary duty of managing at least two full-time employees. Executive employees must also have the authority to make employment or disciplinary decisions.
Administrative overtime exemptions: These employees do not perform any manual work and are primarily engaged in business operations, training, or management. Secretaries, human resources professionals, and office managers are examples of exempt administrative employees.
Professional overtime exemptions: These employees perform duties that involve advanced knowledge and extensive education. Teachers, artists, and software developers are common examples of professional positions.

In addition, the following job positions are generally exempt from overtime pay.

Delivery professionals
Sales professionals who work on commission
Taxi drivers and other commercial drivers
In-home care employees
Seasonal workers, such as ski resort employees
Car mechanics
Farm workers

If you are unsure whether you qualify for overtime pay, speak to a wage and hour attorney at Gattuso & Ciotoli, PLLC. Your lawyer will evaluate your situation and determine whether or not you qualify for an unpaid overtime claim.

Call A Skilled Syracuse Overtime Claims Lawyer

When you need a Syracuse overtime claims attorney, you can contact us for a free consultation online, or call us at (315) 314-8000.