Unpaid Overtime & Under-the-Table Compensation Claims in Long Island and Queens
While working 40 hours in a week may already feel like a lot, there are many in our state who work over 40 hours. For non-exempt employees, working over 40 hours a week entitles them to earnings at an overtime rate of pay. Unfortunately, however, many employers wrongfully withhold overtime pay or improperly classify workers as exempt employees. Just because your employer tells you that you are not entitled to overtime pay doesn’t make it true. Throughout New York, there are thousands of workers just like you who are not receiving overtime pay from their employers—even though they have earned it and are entitled to it by law. If you believe that you have been unfairly denied overtime pay, Ricotta & Marks, P.C., can help. Call our lawyers for unpaid overtime in Long Island and Queens, NY now for a completely confidential review of your unpaid overtime claim.
Top-Rated Lawyers for Unpaid Overtime Claims in Long Island, Queens, and Throughout New York
We Handle the Full Range of Unpaid Overtime Claims
Employees in New York may be denied full overtime pay for a wide variety of reasons. In some cases, employers may be acting in outright bad faith—intentionally setting up obstacles to deny workers the overtime benefits that they deserve. In other cases, there may be an oversight, mistake, or misunderstanding that prevents you from getting your full pay. Regardless of the circumstances, our New York wage and hour lawyers can help. We handle all types of overtime claims, including:
- Failure to Accurately Record Hours: In many cases, employees are denied full overtime pay because companies miscount their hours. If you believe that your full hours are not being recorded, our unpaid overtime attorneys are here to help.
- Employee Misclassification: Frequently, employers misclassify employees as contractors to avoid paying overtime. However, it does not matter whether your employer gave you a 1099 form or a W4—depending on the nature of your work, you may still be entitled to overtime pay under the law.
- Tipped Worker Violations: Tipped workers may still be eligible for overtime pay. Though, calculating the overtime rate of tipped employees can be complicated. If you are a tipped worker who has been improperly denied overtime compensation, our New York wage and hour attorneys can help.
An Overview of the Overtime Regulations in the FLSA
While there are some state and local regulations in place, the key workplace overtime protections arise from the Fair Labor Standards Act (FLSA). Under the FLSA, non-exempt employees must be paid time and a half (1.5x) for all hours worked above 40 in a workweek. Employers have a legal responsibility to properly determine which employees are non-exempt and to accurately record their time spent working. The laws governing overtime pay are complex, which is why it is important to consult a lawyer. Learn about mortgage loan officers and overtime claims on our FAQ page for unpaid overtime.
Who Is Entitled to Overtime?
Most non-exempt employees are entitled to overtime pay when they work more than 40 hours in a consecutive seven-day period. According to the New York Department of Labor, certain residential employees must receive overtime pay for all hours worked beyond 44 hours in a workweek.
What’s more, it’s important to note that while some employment positions are exempt from overtime payments under federal laws and the Fair Labor Standards Act, they may be entitled to overtime under New York State law.
At What Rate Is Overtime Paid in Long Island?
The rate of overtime pay at the federal level is a rate of 1.5 times the regular rate of pay. For example, if someone is earning $20 per hour, then $20 x 1.5 would equal $30 – the rate of pay at which they should be compensated for any hours worked over 40. So, if a person works 45 hours in a week at a rate of $20 per hour, the first 40 hours will be compensated at the regular rate of pay ($20/hr) and the remaining five hours should be compensated at the overtime rate ($30/hr).
One thing that can be confusing to navigate is what happens when certain occupations that are exempt at the federal level are required under New York law to receive overtime pay. When this is the case, rather than being compensated at a rate of 1.5 times their regular wage, the law holds that they should be compensated at a rate of 1.5 times the state minimum wage. The minimum wage in the state of New York can be found at the NY State Department of Labor.
What If I’ve Been Denied Overtime Pay?
If you’ve been denied overtime pay, your rights have been infringed upon. Important things to know are:
- It’s important that you talk to your employer about the fact that you believe you have been denied overtime pay. If your employer does not honor your request to pay your benefits, you have grounds to file a complaint.
- Once your complaint is filed, an investigation will be commenced. If the investigation finds that you have indeed been denied overtime, then you may be eligible for back pay, as well as other forms of compensation in some cases.
- Your employer is legally prohibited from retaliating against you.
Unpaid Overtime Attorneys in New York Serving Queens and Brooklyn – What To Bring To Your Appointment
Prepare for your appointment with our Queens unpaid wages attorneys by bringing timesheets, pay stubs, calendars, itineraries or any other document that shows the actual amount of hours you worked and the pay you received. We will examine your documentation to determine whether or not you have a valid claim against your employer.
Even if you are unable to provide documentation, we may still be able to take action to obtain retroactive overtime pay. Do not think that just because you do not currently have access to all of the relevant documentation, that you do not have a claim. Bring us all of the information that you have and our unpaid overtime lawyers will help you get started on getting access to the full and fair wages that you earned.
How Our Long Island Lawyers for Wage and Hour Disputes Can Help
Navigating the web of state and federal wage and hour regulations can be complicated. Too many workers who have been improperly denied overtime pay feel that they have no options. At Ricotta & Marks, P.C., we are committed to getting employees the full and fair wages that they rightfully earned. Hard work should be compensated. When you call us, you will speak to a New York employment attorney who can:
- Conduct a comprehensive evaluation of your unpaid overtime claim;
- Answer your questions and explain your rights under state and federal law;
- Investigate the matter—gathering the documents and records to bring a claim; and
- Take aggressive legal action to get you the full financial compensation you deserve.
Our entire legal practice is focused on employment law. We put all of our energy and resources into protecting the rights and interests of employees—not big companies. As we strictly control our total caseload, our Queens unpaid overtime lawyers are in the best position to provide each and every client with the focused, personalized attention that they deserve.
NY Employment Attorneys for Under-the-Table Compensation Claims
It is very common for employers in New York to pay their employees in cash. If you are one of the thousands of New Yorkers who receive payment “under the table,” you may face some serious consequences in the future. While paying a worker in cash is permissible, employers that do so must still accurately report income and pay taxes on behalf of the employee. When they fail to do so, they are putting the worker at an unacceptable risk.
At Ricotta & Marks, P.C., our top-rated Queens under-the-table compensation attorneys are skilled, results-driven advocates for employees. With decades of collective employment law experience, we handle the full range of wage and hour claims. To schedule a confidential consultation with an experienced New York under-the-table compensation attorney, please contact us at our Queens or Long Island offices today.
Employees Paid Under-the-Table Lack Protection
As described by the New York State Department of Labor, there are strict rules and regulations regarding how and when workers should be paid. Employers that pay workers ‘under-the-table’ are putting their staff at risk. When employment income is not reported, taxes are likely not being paid by one or both parties. As time goes by, an employee may end up in a vulnerable position. If you are paid off the books, you may face significant problems in the long run. Potential problems include:
- Tax Penalties: Under state and federal law, employees are required to report income and pay taxes regardless of whether their employer does so. An employee paid under-the-table is being put at risk of facing additional tax liability by both state and federal authorities.
- No Retirement Benefits: Social Security and Medicare benefits are funded through payroll taxes. If you do not pay into the system (because your wages are paid under-the-table), you could miss out on future benefits. When you reach retirement age, you will not be able to claim Social Security or Medicare if you have not “paid enough” into the system.
- No Injury/Disability Protection: If you acquire a disability that prevents you from working, you will not have access to Social Security Disability benefits. And if you are injured at work, you will not be able to pursue workers’ compensation. If you lose your job, you may not be able to qualify for unemployment benefits.
In short, unreported employment can leave you unprotected. All of the workplace benefits that so many of your fellow workers have sacrificed for—from retirement benefits to unemployment compensation—may be out of reach. At Ricotta & Marks, P.C., our Queens wage and hour lawyers are here to help.
Queens, New York Labor Law Attorneys for Unreported Employment
Even if you have been working for cash for years, we can work with your employer to rectify the situation and legitimize your compensation processes. Under the law, your employer may be required to pay your portion of Social Security and Medicare taxes, thus making you eligible for benefits in the future.
You may fear that if you report an employer for paying cash, you will lose your job, but the law protects you from this sort of retaliation. Our lawyers will enforce your rights to the fullest extent of the law. If you have been retaliated against for complaining about being paid under the table, call our New York employment lawyers as soon as possible. We can help.
Why Choose the Employment Discrimination Lawyers at Ricotta & Marks
Wage and hour claims are complicated. If you were or are being paid under the table it is normal to be stressed out and overwhelmed at the prospect of taking legal action. At Ricotta & Marks, P.C., we have the experience to best protect your rights and interests. While there are many law firms that dabble in employment law, our entire practice is dedicated to representing employees. Among other things, our New York under-the-table compensation attorneys will:
- Conduct a confidential, comprehensive review of your case;
- Advise you or your legal rights and legal options;
- Gather all relevant paperwork, documents, and records; and
- Craft a personalized legal strategy designed to get you the best outcome.
We are committed to providing cost effective representation to employees. In fact, our Queens employment lawyers take on many wage and hour cases on a contingency fee basis. We will help you find a solution that best suits your specific situation.
Call Our New York City Unpaid Overtime Lawyers for Help With Your Case
At Ricotta & Marks, P.C., our New York wage and hour attorneys are skilled, client-focused advocates for employees. We will protect your rights and help you recover financial compensation for your unpaid wages. If you have been denied overtime pay, contact our law firm Ricotta & Marks, P.C., to learn more about what our New York employment lawyers can do for you. There is no fee unless we win your case. Call us at 347-464-8694.
Read more about Unpaid Overtime on our FAQ page.