Many employees are being cheated out of overtime, and they don’t even know it. Workers who work hard and struggle to make ends meet are being deprived of their rightful compensation for their hard work. Both New York Labor Law and Federal law (the Fair Labor Standards Act) protect employees from such abuses. 

Under New York law, non-exempt employees are entitled to overtime pay for all hours worked in excess of 40 hours in a workweek. Overtime pay is defined as one and one-half times the employee's regular rate of pay. This means that if an employee earns $20 an hour, his overtime pay rate would be $30 an hour for all hours worked in excess of 40 hours in a workweek.

Unfortunately, some employers cheat their employees out of overtime pay by misclassifying them as exempt or independent contractors, or by manipulating time records to make it look like the employee worked fewer hours than they actually did.  These actions are illegal.

If you believe that your employer is cheating you out of overtime pay, there are steps you can take to protect your rights. First, document your hours worked and any unpaid overtime you believe you are owed.  If possible, keep records of your work schedule, pay stubs, and any other relevant information.

Next, consult an experienced employment attorney who can advise you about your legal rights and help you pursue legal remedies against your employer. An attorney can help you recover double the amount of wages due, which includes liquidated damages for any willful damages committed by your employer. The laws also provide remedies if your employer retaliates against you by terminating you for making claims about unpaid overtime. 

Employers who cheat their employees must be held accountable for their actions. By understanding your legal rights and hiring the right attorney, you can protect yourself from being abused by your employer. The statute of limitations is 6 years under New York State Law, and an employee can protect double, or liquidated, damages.

Employment Attorney Raymond Nardo has represented thousands of employees in overtime cases, and has collected millions of dollars for his clients.