The state of New York follows the Department of Labor’s rules regarding overtime pay. Employees who fall under the Fair Labor Standards Act (FLSA) who are required or permitted to work overtime have the right for overtime pay of at least one and a half times their regular pay, provided that they are covered under the minimum wage law. Overtime work is work that is rendered over the necessary 40-hour work week. There are many misconceptions or misperceptions regarding overtime pay and unpaid wages, and although states have the freedom to create additional laws regarding overtime wage protections.
Not every worker in the state of New York is qualified for overtime pay. Making sure you are under the overtime law would ensure that have the legal right to ask for unpaid overtime wages. In order to determine if you do qualify for overtime pay, you can visit US Department of Labor website or directly consult a lawyer who understands the laws in that particular state. Because many workers are not aware of don’t really understand their eligibility for overtime pay that many suffer from unpaid wages or are being taken advantage of by their employers.
There are different options for recovering unpaid overtime wages, and it is important to first talk with a lawyer to determine which will work for a specific case. The first option is to have the Wage-Hour handle the payment of the unpaid overtime wages, of the Secretary of Labor could file a lawsuit for the back wages along with additional penalties that could potentially double the amount of back pay if it is proven that the employer deliberately violated the law. Another option is the employee directly files a private lawsuit, although this option will be unavailable if the Wage-Hour or Secretary of Labor has already filed suit for recovery of wages.
One last option is by obtaining a court order to restrain the employer for violating the FLSA. Each state may have their own way of handling the recovery of lost wages and overtime pay issues and the different remedies may provide different remedies that will be awarded to those who have been proven to have unpaid overtime wages.