Binghamton Overtime Claims Lawyer
One of the most common employment disputes is unpaid overtime. New York State’s Minimum Wage Order and the Federal Fair Wages Standards Act require employers to pay overtime at time and a half or 1.5 times the employee’s standard wage for all hours worked beyond the 40-hour work week. You work hard for your employer and deserve fair wages under New York’s employment law. Unfortunately, some employers purposely neglect to pay the required overtime rate or find ways to avoid adhering diligently to the law.
If you work more than 40 hours in a week as a non-exempted employee, then you need a skilled legal team with decades of experience in New York employment law to fight for your right to compensation – including recovered overtime pay, legal fees, and sometimes additional damages. The Binghamton employment lawyers at Gattuso & Ciotoli, PLLC, are ready to fight aggressively for the money you’re owed for your hard work.
How Overtime Laws Work in New York
Time spent at work means time away from your home and family. That’s why you deserve compensation for any time spent at your job beyond a standard 40 hours per week. New York law requires employers to pay at least the current minimum wage plus time and half pay for all hours over 40 in a workweek unless you fall into an exempted category. Executives, administrators, creative professionals, outside salespeople, independent contractors, and certain computer professionals including programmers, systems analysts, and software engineers are exempt from the mandatory overtime pay laws. Unfortunately, some employers misuse these exemptions and find other ways to avoid paying overtime wages to unexempt workers. Some common ways employers might unethically withhold overtime pay include:
- Mislabeling you as a salaried employee when you work over 40 hours
- Misclassifying you as exempt under the exemption laws
- Withholding commissions or bonuses after paying overtime
- Misclassifying you as an independent contractor
If you don’t fall into the exempt categories and your employer used one of these methods, or any other method, of avoiding overtime payments, then your employer committed wage theft. You are entitled to the money you earned by working overtime and may have an overtime claim against your employer.
The statute of limitations in New York for overtime pay claims is six years. If you have years’ worth of unpaid overtime you could gain a substantial sum by contacting our Binghamton Employment Law Firm today.
Why Choose Gattuso & Ciotoli for Your Unpaid Overtime Case?
With over 50 years of combined experience in employment law, including a successful record of winning settlements and compensation for unpaid overtime claims in Central New York, our law firm is qualified to represent you in your overtime claim. Our team of dedicated professionals offers personalized attention to your case. We know how to proficiently navigate the New York legal system to give you the best chance for a successful settlement or verdict in your unique case with full compensation for the wage theft, plus legal fees. We are fully prepared to fight aggressively for you against powerful corporations so you receive the pay you are owed under the law. Our contingency fee system means we collect legal fees only after securing your compensation. Call or contact our Binghamton firm today so we can get to work on a strategy to fight for the payments you’re owed.