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.
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.