Overtime and Wage Disputes

time cards, time cards in a file systemThe Wage Theft Prevention Act requires that employers provide written notice to employees of their rates of pay, designated payday, the employer’s intent to claim allowances (ie: tip or meal allowances) as part of the minimum wage and the basis of wage payment. Employers are then held responsible for paying their employees in accordance with the aforementioned notice and the current labor laws. However, some employers disregard the laws that govern overtime pay and wages, and the result is employees who are insufficiently compensated for their work. This is especially true in the case of unpaid overtime or wages. When an employer does not justly compensate an employee for work that has been done, the employee may be entitled to liquidated or double damages. If you think you may have been underpaid or if you have a wage dispute, you should hire a knowledgeable lawyer with experience in the complexities of wage dispute claims. An expert lawyer can fight for you to receive the wages you are rightfully due.

Minimum Wage

Minimum wage is the standard of wage that determines the minimum hourly pay to which every worker in New York is legally entitled by the laws set forth by the General Industry Minimum Wage Act. All employees not classified under “wage orders” must be paid minimum wage. Some industries, such as food service, pay a different minimum wage because the employees’ total compensation includes tips.

Oshman & Mirisola, LLP understand the minimum wage and fair labor laws in New York and can fight for you to receive the compensation you are due, if you have not been paid in accordance with minimum wage laws.

Pay check, overtime and wage disputesOvertime

Overtime refers to any amount of time spent working beyond the standard 40-hour workweek established by the Fair Labor Standards Act of 1938. Non-exempt employees who work more than 40 hours are entitled to overtime pay of one-and-a-half times their normal wages. If your employer failed to pay you overtime or failed to pay you at least minimum wage, you are owed that compensation. Compensation must be monetary and cannot be in the form of time off.

Experts Who Act Quickly

New York statute of limitations for overtime disputes is two years. If you think you have been under-compensated for overtime, you have only two years from the incident to file a claim. Hiring a skilled wage dispute attorney can ensure a strong case is built for you within the aforementioned time limit. You may be filing a claim against a large company that is accustomed to underpaying employees hiring a legal team to fight such claims. You need an attorney well versed in labor laws who can build a detailed and documented case on your behalf.

How Others Have Taken Action

In one of the largest overtime pay dispute settlements in the information technology industry, the Computer Sciences Corporation settled for $24 million with former employees in a class action suit over unpaid overtime wages. Read the legal brief

Nabisco Holdings Corporation agreed to pay $5 million to more than 3,000 sales representatives for overtime pay they earned while delivering and stocking Nabisco products. Read New York Times story

A Federal judge determined that millions in unpaid overtime over a four-year period is due to 435 managers employed by New York City. The managers, who were among city workers who are not union members, held mid-level positions, uniformed and civilian, in city agencies. Read New York Times story

 

What Can You Do?

If you or your loved one believes that an employer did not compensate you for work you performed or overtime hours you incurred, you should hire an expert lawyer from a law firm with a stellar reputation for commitment to client satisfaction and maximum compensation. Contact the law offices of Oshman & Mirisola, LLP today for a free consultation to discuss your legal rights and options for pursuing a claim.