When you work, you deserve to get paid. When you’re an employee who is guaranteed overtime pay by New York state law or by your employment contract, you deserve to get that compensation as well. But, some employers will try to avoid paying you overtime, or as much as you deserve. This is called an overtime violation, and overtime violations can cost workers billions each year.
Stealing your overtime pay is considered a type of wage theft. There are multiple different ways it can be done, but because of this, it’s also difficult to track and confirm. So if you can determine if and how much money you’ve lost to overtime violations, we can detail a simple process. Then the employee rights attorneys at Bantle & Levy can help you use it to estimate how much you’re owed.
What is an Overtime Violation?
An overtime violation occurs when an employer fails to comply with laws governing the payment of overtime wages to eligible employees. Most states require employers to pay their employees a higher rate of pay for any hours worked beyond the standard 40-hour workweek. According to New York Overtime Law, employers must typically pay employees 1.5 times their regular rate of pay for all work over 40 hours in a week.
Overtime violations can then take the form of:
- Employers intentionally withholding overtime pay altogether
- Employees being paid their normal rates for overtime hours
- Employees misclassifying employees as exempt from overtime
- Employers failing to accurately record employees’ overtime hours
If caught, employers can face fines from the government on top of potential lawsuits by affected employees.
Steps to Calculating and Claiming Lost Wages From Overtime Violations
Calculating the cost of lost wages due to overtime violations can vary depending on the specific circumstances and industry. Here are some steps to take when estimating the amount:
- Count the Hours You’ve Worked: You should be able to look at the number of hours you’ve worked based on your pay stubs. You can request them from your employer who needs to keep track of them for their own purposes. With those numbers, you can track how many hours you’ve worked overtime.
- Count Overtime You’ve Worked: Determine the number of hours you’ve worked beyond the standard workweek of 40 hours. You should start to keep track of any documented evidence, such as timesheets, pay stubs, or work records that you can get your hands on.
- Calculate the Overtime Rate: As stated, the overtime rate in New York is 1.5 times your regular hourly rate. Multiply this by the number of overtime hours you’ve worked, then subtract taxes, unions, and benefits (if applicable) from the results. If your calculations are significantly less than what you received, you may have suffered an overtime violation.
- Contact an Employee Rights Attorney: We can double-check your documents, your math, and everything else to confirm for you that you indeed have been the victim of lost wages in the form of overtime violations. Based on what you bring to a consultation, we may be able to determine what kind of overtime violation you experienced.
Please note that these calculations serve as general guidelines. You should always consult with legal and/or financial professionals before making any public statements or accusations or filing any lawsuits.
Contact the Employee Rights Attorneys at Bantle & Levy to Get Back Your Lost Wages
If you believe that your employer has not been paying you what you’re owed, you’re not alone. This happens to many employees, and the only way to stop it is to hold your employer accountable. We can help you do that.
We’ll collect proof, calculate how much you are owed, then file a lawsuit to get you back the lost wages you deserve. For more information and legal help, contact us today.
