Working overtime is a common practice in many companies. If you work more than 40 hours a week, you are entitled to overtime pay at a rate of 1.5 times your hourly wage. However, some employers try to avoid paying overtime by misclassifying employees, failing to keep accurate records, or coercing them to work off the clock. If you suspect your employer is not paying you the overtime you deserve, here are five signs you may be entitled to compensation for unpaid overtime attorney in NYC and how to proceed.
1. You are classified as exempt but perform non-exempt duties.
The Fair Labor Standards Act (FLSA) exempts certain employees from overtime pay, such as executives, professionals, and administrative employees. However, if your job duties primarily involve manual or routine tasks, you may be misclassified as exempt and entitled to overtime pay. For instance, if you are a supervisor who spends most of your time doing the same tasks as your subordinates, you may be misclassified as exempt. Speak with an attorney to determine whether your job duties qualify for the overtime exemption.
2. You are not paid for pre-shift or post-shift work.
If your job requires you to perform activities before or after your scheduled shift, such as changing clothes, setting up equipment, or logging into a computer system, you may be entitled to pay for that time under the FLSA. Similarly, if you use your personal phone or computer to answer work emails or calls, or if you have to attend mandatory meetings or training sessions, you should be compensated for that time as well.
3. You work through your lunch break but aren't paid for it.
Employers must provide non-exempt employees with a 30-minute (unpaid) meal break if they work more than 6 hours a day. However, if you are not allowed to take a lunch break or if you are required to work during your break, you should be paid for that time. Moreover, if your employer automatically deducts your lunch break time from your pay without verifying whether you actually took it, they may be violating the law.
4. You are paid a salary but not overtime.
Many employers pay their employees a fixed salary instead of hourly wages, particularly for managerial positions. However, if you earn less than $684 per week (as of 2021), you are not exempt from overtime pay under federal law. In addition, if your job duties do not meet the exemption criteria, your employer must pay you overtime at a rate of 1.5 times your hourly rate for any hours worked over 40 in a week.
5. You are not allowed to keep accurate records of your hours worked.
The FLSA requires employers to keep accurate records of their employees' hours worked, including start and stop times, break times, and total hours per week. If your employer discourages you from keeping such records, forces you to clock out early, or edits your time sheets without your approval, they may be violating the law and depriving you of the overtime pay you deserve.
Conclusion:
If you have experienced any of the above signs, it is crucial to seek legal advice from a knowledgeable attorney. They can guide you through the process of filing a claim and negotiate with your employer to obtain the compensation you are entitled to. Remember, your right to fair pay should not be ignored or dismissed, and pursuing legal action can hold your employer accountable and help prevent similar violations in the future. Contact an employment lawyer today to protect your rights.
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