Law Offices of Yale Pollack,P.C

overtime lawyer long island

How to Find the Best Lawyer

Determine the area of law that is relevant to your problem. Within the broad field of law, attorneys specialize in specific practice areas centered on legal issues. Seek referrals from friends, family, and coworkers. A successful attorney or practice will usually have several satisfied clients. Find an attorney who is a good fit for your needs.

Do You Get Paid for Overtime?

Employees are paid one and a half times their regular hourly rate for each hour worked over 40 in a workweek. If you are paid, you are not automatically disqualified from working overtime. The analysis is far more intricate. These kinds of misunderstandings result in underpaid or unpaid overtime premiums. If your overtime hours have gone unpaid or underpaid, you may have a serious wage theft claim. The chart below illustrates how overtime is calculated by using the New York State minimum wage rate as an example – you may be entitled to more than the amount shown in the example.

What Kinds of Losses Can An Employee Recover?

Employees may recover the full amount of any overtime underpayment due for the previous six (6) years, as well as reasonable attorney’s fees, prejudgment interest, and liquidated damages that may amount to 100 percent of the total wages owed, under the New York State Labor Law. Employees may be able to recover money for additional claims discovered by this law firm, such as minimum wage violations, illegal deductions, notice violations, and other illegal employer behavior.

Overtime Calculation

STEP ONE: DETERMINE YOUR REGULAR HOURLY RATE Figure out your regular hourly rate. Generally, the amount agreed upon by your employer per hour is your regular hourly rate, but this is not always the case. Assume your regular hourly rate is $11.10 per hour.

STEP TWO: CONVERT TO OVERTIME RATE Multiply $11.10 (the regular hourly rate) by 1.5 to get the hourly overtime rate of $16.65.

STEP THREE: CALCULATE OVERTIME WAGES Multiply $16.65 by the number of hours (or fractions of an hour) worked in a workweek that exceeds 40. If, for example, 45 hours are worked in one week and the employee is eligible for overtime, a total of $83.25 should have been paid for the 5 hours of overtime based on the formula.

Consultation Is Free

Yale Pollack works with employers and employees on Long Island and in New York. Call 516-634-6340 or email ypollack@yalepollacklaw.com to make an appointment.