The overtime lawyers in Albany, New York at the Towne Law Firm, P.C. work with individuals who believe they may be owed unpaid overtime wages. According to the U.S. Department of Labor, Fair Labor Standards Act, employers are required to pay workers time and a half for every hour they work over a forty hour workweek. While the Fair Labor Standards Act doesn’t require time and a half pay for weekend hours worked, or for holidays, if you worked more than 40 hours on a given week, you may be entitled to receive overtime pay.
While there are some exceptions regarding who is covered under the Fair Labor Standards Act when it comes to who can receive overtime pay, most workers are entitled to receive overtime pay. However, sometimes employers use tactics to avoid paying workers overtime. At the end of the day, if you worked overtime, but didn’t receive overtime pay, you may be entitled to demand unpaid wages and damages. Have questions about what you should do next? Reach out to the Towne Law Firm, P.C., overtime lawyers in Albany, New York who may be able to help you with your case.
How Employers Avoid Paying Overtime
How do employers avoid paying overtime? There are several ways and methods that employers might use. It is important to remember that you are entitled to receive pay for all the hours you work, which can include “prep” work before you begin the shift, “breakdown” work or clean-up after a shift, or other work that may be asked of you during breaktimes and meals. What are some ways that employers avoid paying overtime?
- Improperly Classifying Workers. Were you classified as an independent contractor, but were essentially a salaried worker? Employers sometimes classify workers as independent contractors to avoid having to pay employment taxes, to avoid having to pay for workers’ compensation insurance, and to avoid having to pay overtime. But if you were misclassified as an independent contractor, you may be entitled to seek unpaid overtime, and other damages. Basically, the difference between an independent contractor and employee has to do with ability to set one’s own hours, ability to control how work gets done, and the type of business relationship established between the worker and employer or company at the outset. Not sure if you were properly classified, and not sure whether you might be entitled to receive overtime pay? Reach out to the Albany NY overtime lawyers at the Towne Law Firm, P.C. today to learn more. This can get complicated, and we can review your situation, and offer guidance on the next steps.
- Using Accounting Methods to Avoid Overtime. Some employers might pay workers by the day or by completed projects in order to avoid paying overtime, but if you are an employee and don’t fall under the few exceptions for overtime pay, you may be entitled to receive overtime pay if your employer used these accounting methods.
- Off-the-Clock Work. Not letting you clock in when you arrive at work, or making you clock out and then continue working, or not paying you for waiting time, prep time, or cleanup or breakdown time is considered off-the-clock work. If you worked overtime because you were told to log off the clock and continue working or were asked to work through your breaks, you may be entitled to seek overtime pay and damages for the wages you lost. Reach out to the Towne Law Firm, P.C., an overtime law firm in Albany, New York today to learn more.
Workers who aren’t paid time and a half for their overtime can, over many months or years, lose out on significant wages. For workers who put in long hours, this can make an immense difference in income, livelihood, and ability to pay the bills. If you believe you may be due overtime wages, or weren’t paid overtime by your employer, reach out to the Towne Law Firm, P.C., an overtime law firm in Albany, New York today.
Fighting for Workers’ Rights
Some workers have been able to claim thousands of dollars in unpaid overtime wages. Several industries made the news in recent years for failing to pay workers the overtime they deserved. Construction companies, oil companies, and others were major violators. If you work a manual labor job, you are most likely covered under the Fair Labor Standards Act. If you are not, or were not, paid for overtime work, you may have the right to seek damages and overtime pay from your employer or former employer. The Albany New York overtime lawyers at the Towne Law Firm, P.C. work with individuals who believe they may be owed overtime. We can review your case, review the hours you worked, and fight to help you get the unpaid wages you may be owed under the law. We are here to help.