What New York Employees Need to Know about Unpaid Overtime Wages

May 17

Employees working in America are entitled by law to receive just and equal compensation. Both federal and individual state laws mandate that all workers must receive at least a minimum wage to compensate for services they’ve rendered for their respective employers. The law also ensures that these workers are able to receive overtime wages that will cover any service that goes beyond their regularly assigned working hours.

What happens when these laws aren’t met by American employers? According to the lawyers at Cary Kane, unpaid overtime is often a hot button issue in workplaces across the country. In New York, for example, wage theft is a rampant problem. While the New York Department of Labor mandates that employees should be able to receive overtime pay that is 1.5 times more than their regular rate for all hours worked over their 40-hour weekly schedule, plenty of employers seem to evade this important policy. This is especially true for undocumented workers. As pointed out by Cary Kane, undocumented workers remain protected by overtime wage laws and will not allow employers to raise the legitimacy of their immigration to avoid proper compensation.

While majority of workers are covered by overtime wage laws, there are some notable exceptions to the rule. In New York, people working in specific occupations and industries are exempted from the overtime wage policy mandated by state law. In particular, these are employees involved in the following types of work:

  • Executive employees
  • Professional employees
  • Administrative employees
  • Federal, state, or municipal employees
  • Farm laborers
  • Volunteers
  • Apprentices
  • Interns

Majority of New York employees are entitled to proper compensation to cover extra hours of work. When their employers fail to properly cover the overtime wages they are owed, workers can file a claim to receive proper adjustment and back pay to cover the amount owed. Anyone in this situation should work with an attorney with significant experience in labor law. If the problem is wide-spread, a class action suit can be filed against the employer.

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