Wage and Hour Attorney in Syracuse, NY
When you go to work each day, you deserve to receive payment for the time you are on the job. Not only does this include receiving minimum wage, but this also means receiving compensation for overtime as well as any commissions you are owed. At Gattuso & Ciotoli, PLLC, we are here to help when you need a Syracuse unpaid wages claims attorney. Our Syracuse employment law attorneys want to ensure you are treated fairly in the workplace, so let us work to recover any compensation you are entitled to.
Overtime Claims in Syracuse, NY
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 Call Gattuso & Ciotoli, PLLC For This Case?
If you have not received the wages you are entitled to, you need a tenacious and experienced attorney standing by your side. Gattuso & Ciotoli, PLLC is ready to get to work.
- We have extensive experience handling employment and wage claims, and we fully understand the tactics used by employers to evade culpability.
- We guarantee that you will work directly with a partner of this firm and will not be put off onto a paralegal or legal assistant.
- We take Syracuse unpaid wages claim cases on a contingency fee basis, which means you do not pay legal fees until we win the case.
Why Choose Gattuso & Ciotoli, PLLC for Your Overtime 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 secure the compensation they deserve.
How Will An Attorney Help This Situation?
Those who have been the victim of fraudulent or illegal wage and hourly incidents may not have the resources necessary to prove their case in court. However, a unpaid wages attorney will have extensive experience in these matters and will be able to conduct full investigations into the allegations against an employer. An attorney will use their resources to obtain all evidence necessary to prove unpaid wages fraud, including employment pay records, internal company communications, statements from others, and more.
What Will A Syracuse Overtime 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.
You Deserve To Receive Fair And Complete Pay
The Fair Labor Standards Act establishes criteria regarding workers earning minimum wage, overtime pay, and appropriate commissions. This law mandates that workers be paid the current federal minimum wage. The minimum wage in New York is currently higher than the federal minimum wage and is set to increase annually until reaching $15.
State and federal law also mandate that workers receive overtime pay for any time worked in excess of 40 hours per week. Overtime pay should not be less than one and a half times the standard rate of pay for every hour worked beyond 40 per week. In addition to receiving legally mandated hourly pay and overtime compensation, workers should also receive all commissions agreed upon with their employer.
At Gattuso & Ciotoli, PLLC, our Syracuse unpaid wages attorneys regularly help employees recover compensation from employers who:
- Fail to pay minimum wage
- Underpay tipped employees
- Fail to pay on a regular schedule
- Do not pay overtime
- Do not pay earned commissions
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 work 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.
Are Government Employees Eligible for Overtime Pay?
While most government workers are not covered under New York overtime laws, certain employees like those in charter schools, private schools, or nonprofit corporations may still be entitled to overtime.
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 work 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. Most employees must receive overtime if they work more than 40 hours in one workweek, and domestic workers must receive overtime after 44 hours per week. Employers cannot manipulate workweek definitions to avoid paying overtime.
Can Your Employer Ask You to Waive Overtime?
Your employer cannot legally ask you to waive your right to overtime pay or refuse payment for unauthorized overtime. Such agreements violate New York Labor Law.
What Kind Of Compensation Is Available For This Case?
If you or somebody you love has not received adequate pay for work, you need to seek assistance from a Syracuse employment law attorney as soon as possible. At Gattuso & Ciotoli, PLLC, we know that there are various types of compensation available to those who have not received fair pay. This can include:
- Any unpaid wages (unpaid hours, overtime, or commissions)
- Interest on those unpaid wages
- A waiting time penalty
- Court costs and legal fees
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.
Common types of compensation in overtime claims include:
– Back pay for overtime
– Liquidated damages
– Legal fees and court costs
– Waiting time penalties
– Interest on unpaid overtime wages
Time Limit for Filing an Overtime Claim
In New York, you have six years to file an unpaid overtime claim in civil court. Missing this deadline usually means losing your right to recover compensation.
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.
Reach Out To An Experienced Syracuse Wage & Hour Claims Lawyer
The total amount of compensation awarded in these cases will vary depending on the facts of each particular situation. When you need a Syracuse unpaid wages claims attorney, you can contact us for a free consultation of your case by clicking here or calling us at (315) 314-8000.