Jul 31, 2014

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What to do about Unpaid Overtime

Just as with any state in the US, there are employments laws in New York that help protect the rights and benefits of workers and employees. For those who are qualified (namely the non-exempt employees or workers), overtime pay are given for hours worked over the 40-per-workweek rate. Overtime rate should be no less than 1 and a half times the regular pay rate.

The overtime rate is usually based on the hours worked in a given workweek. Among the payments that could be considered for overtime pay are: payments acquired in behalf of the employer, discretionary bonuses, work done during Saturdays, Sunday, and holidays, payments for days when no work is done (such as vacations, illness, or vacations). Contrary to how an employee’s weekly salary is paid (through piece-rate, commission, salary, or other means), overtime pay is generally computed based on the average hourly pay rate from the derived from the employee or worker’s earnings, normally 1.5 times the usual hourly rate.

According to the website of Cary Kane LLP, workers or employees who are not given their due overtime pay have the right to file an overtime dispute claim, as long as the overtime dispute falls in line with the rules and regulations of Fair Labor Standards Act (FLSA). The state of New York follows the exclusions given by the federal law as listed in the FLSA. There are times, however, where New York employers list their employees or workers as “excluded”, therefore not giving them overtime pay. When you think you are not given your overtime pay due, you can talk to a New York overtime dispute lawyer to determine if you qualify for the overtime pay or not.

When you suspect that you have a valid overtime pay dispute, you should consider talking with a qualified New York overtime dispute lawyer. They know that the statute of limitations for such claims is within two years from the beginning of the violation, and that the compensation may be greater than what you should have been initially paid. Furthermore, the state of New York follows their own set of rules and statutes for minimum wage and overtime pay. Having your own overtime dispute lawyer can help cover important facets of your claim that would ensure you will have a winning case.

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