New York workers have the right to expect fair pay for the time they work. Along with other rights, you are entitled to fair treatment from your employer. This includes rightful payment for overtime hours. Unfortunately, many employers are concerned only with their bottom line, and they may try to avoid getting you the pay you deserve. If this is happening to you, you have the right to fight back.
Disputes over unpaid overtime often stem from disagreements regarding the classification of the employee. There are both state and federal laws in place that protect the interests of workers, and you may be able to successfully pursue what your employer owes you while also holding him or her accountable for unfair actions.
Fight for fair pay
One of the first steps in your fight for fair pay is to find out if the Fair Labor Standards Act applies to your employer. This law secures the rights and interests of hourly workers who may have to work overtime. In most cases, it guarantees that you should receive time and a half for each overtime hour. If your employer is not obligated to follow the standards implemented by the FLSA, it is possible there are state laws that apply to your situation.
In order to qualify for overtime pay as outlined by the FLSA, you must be a nonexempt employee. Not all workers in all situations enjoy the protections provided by the FLSA. Some of the types of workers that may not fall under this law include the following:
- Individuals who earn salary pay
- Computer specialists who earn more than a specific amount per hour
- Independent contractors
- Sales people
- Some farm employees
- People who work in amusement parks
It is in your interests to know what type of employee you are. This will help tremendously as you fight for fair pay from your employer.
Aggressive action against mistreatment
If your employer is not paying you fairly or correctly, you do not have to simply endure it in silence out of fear of what taking action could do for your job. If you are entitled to overtime pay, you have the right to fight for it by seeking experienced counsel and taking the appropriate legal steps.
Employees facing wage and hour issues are not always certain of where to start or what their rights may include. If you are in this situation, an evaluation of your case can be a helpful first step in this process.