Overtime/Wage Claims

There are many federal and state laws that require employers to pay employees for all of the hours that they work, including premium pay for overtime, with a few narrow exceptions.  Generally, these laws provide:

• Employees are entitled to overtime pay of 1 ½ times their base pay if they work more than 40 hours in a week.

• Employees may be entitled to overtime pay even if they are paid salary or commissions.

• Many workers who are paid as “independent contractors” should not be.

• An employer cannot allow employees to work before or after a shift without paying for the entire time they are working, not just scheduled time.

New York State law also prohibits employers from making deductions from employees’ wages for anything except taxes, insurance, voluntary retirement contributions, and garnishments.  Deductions are generally prohibited for such things as shortages in cash registers, broken or lost equipment, advanced vacation days, uniforms, or other deductions that do not solely benefit the employee.  

In addition, New York State law requires employers to provide all employees with letters containing information about their base pay and overtime rates at the time they are hired, whenever they receive a raise, and each year by February.

The lawyers at Burns & Schultz LLP have extensive experience handling claims related to employment and pay.  Please contact us if you experience any of the following:

• Your employer does not pay you overtime when you work over 40 hours in a week.

• You are expected to perform work during your meal break.

• Your employer requires you to perform work before or after you are on the clock but only allows you to record the time you were scheduled to work.

• You are paid hourly but not asked to record your starting, ending, or break time each day.

• You are paid a salary but it is reduced in weeks in which you do not work 40 hours.

• Your employer takes deductions from your pay other than for health insurance and taxes.

• Your employer does not provide you with a letter confirming your base pay rate and overtime rate when you are hired, when you receive a raise, or by February of each year.

To discuss our representation of your company or you in an employment matter, contact Jill Schultz or Andrew Burns.

At Burns & Schultz LLP, we provide big firm experience and capability with small firm personal attention and service.