Unpaid Overtime Lawyers in Long Island, NY

At What Rate Is Overtime Paid in Long Island?

The rate of overtime pay at the federal level is a rate of 1.5 times the regular rate of pay. For example, if someone is earning $20 per hour, then $20 x 1.5 would equal $30 – the rate of pay at which they should be compensated for any hours worked over 40. So, if a person works 45 hours in a week at a rate of $20 per hour, the first 40 hours will be compensated at the regular rate of pay ($20/hr) and the remaining five hours should be compensated at the overtime rate ($30/hr).

One thing that can be confusing to navigate is what happens when certain occupations that are exempt at the federal level are required under New York law to receive overtime pay. When this is the case, rather than being compensated at a rate of 1.5 times their regular wage, the law holds that they should be compensated at a rate of 1.5 times the state minimum wage. The minimum wage in the state of New York can be found at the NY State Department of Labor.

What If I’ve Been Denied Overtime Pay?

If you’ve been denied overtime pay, your rights have been infringed upon. Important things to know are:

• It’s important that you talk to your employer about the fact that you believe you have been denied overtime pay. If your employer does not honor your request to pay your benefits, you have grounds to file a complaint.
• Once your complaint is filed, an investigation will be commenced. If the investigation finds that you have indeed been denied overtime, then you may be eligible for back pay, as well as other forms of compensation in some cases.
• Your employer is legally prohibited from retaliating against you.

Unpaid Overtime Attorneys in New York Serving Queens and Brooklyn – What To Bring To Your Appointment

Prepare for your appointment with our Queens unpaid wages attorneys by bringing timesheets, pay stubs, calendars, itineraries or any other document that shows the actual amount of hours you worked and the pay you received. We will examine your documentation to determine whether or not you have a valid claim against your employer.

Even if you are unable to provide documentation, we may still be able to take action to obtain retroactive overtime pay. Do not think that just because you do not currently have access to all of the relevant documentation, that you do not have a claim. Bring us all of the information that you have and our unpaid overtime lawyers will help you get started on getting access to the full and fair wages that you earned.

How Our Long Island Lawyers for Wage and Hour Disputes Can Help

Navigating the web of state and federal wage and hour regulations can be complicated. Too many workers who have been improperly denied overtime pay feel that they have no options. At Ricotta & Marks, P.C., we are committed to getting employees the full and fair wages that they rightfully earned. Hard work should be compensated. When you call us, you will speak to a New York employment attorney who can:

Our entire legal practice is focused on employment law. We put all of our energy and resources into protecting the rights and interests of employees—not big companies. As we strictly control our total caseload, our Queens unpaid overtime lawyers are in the best position to provide each and every client with the focused, personalized attention that they deserve.

NY Employment Attorneys for Under-the-Table Compensation Claims

It is very common for employers in New York to pay their employees in cash. If you are one of the thousands of New Yorkers who receive payment “under the table,” you may face some serious consequences in the future. While paying a worker in cash is permissible, employers that do so must still accurately report income and pay taxes on behalf of the employee. When they fail to do so, they are putting the worker at an unacceptable risk.

At Ricotta & Marks, P.C., our top-rated Queens under-the-table compensation attorneys are skilled, results-driven advocates for employees. With decades of collective employment law experience, we handle the full range of wage and hour claims. To schedule a confidential consultation with an experienced New York under-the-table compensation attorney, please contact us at our Queens or Long Island offices today.

Employees Paid Under-the-Table Lack Protection

As described by the New York State Department of Labor, there are strict rules and regulations regarding how and when workers should be paid. Employers that pay workers ‘under-the-table’ are putting their staff at risk. When employment income is not reported, taxes are likely not being paid by one or both parties. As time goes by, an employee may end up in a vulnerable position. If you are paid off the books, you may face significant problems in the long run. Potential problems include:

• Tax Penalties: Under state and federal law, employees are required to report income and pay taxes regardless of whether their employer does so. An employee paid under-the-table is being put at risk of facing additional tax liability by both state and federal authorities.
• No Retirement Benefits: Social Security and Medicare benefits are funded through payroll taxes. If you do not pay into the system (because your wages are paid under-the-table), you could miss out on future benefits. When you reach retirement age, you will not be able to claim Social Security or Medicare if you have not “paid enough” into the system.
• No Injury/Disability Protection: If you acquire a disability that prevents you from working, you will not have access to Social Security Disability benefits. And if you are injured at work, you will not be able to pursue workers’ compensation. If you lose your job, you may not be able to qualify for unemployment benefits.

In short, unreported employment can leave you unprotected. All of the workplace benefits that so many of your fellow workers have sacrificed for—from retirement benefits to unemployment compensation—may be out of reach. At Ricotta & Marks, P.C., our Queens wage and hour lawyers are here to help.

Queens, New York Labor Law Attorneys for Unreported Employment

Even if you have been working for cash for years, we can work with your employer to rectify the situation and legitimize your compensation processes. Under the law, your employer may be required to pay your portion of Social Security and Medicare taxes, thus making you eligible for benefits in the future.

You may fear that if you report an employer for paying cash, you will lose your job, but the law protects you from this sort of retaliation. Our lawyers will enforce your rights to the fullest extent of the law. If you have been retaliated against for complaining about being paid under the table, call our New York employment lawyers as soon as possible. We can help.

Why Choose the Employment Discrimination Lawyers at Ricotta & Marks

Wage and hour claims are complicated. If you were or are being paid under the table it is normal to be stressed out and overwhelmed at the prospect of taking legal action. At Ricotta & Marks, P.C., we have the experience to best protect your rights and interests. While there are many law firms that dabble in employment law, our entire practice is dedicated to representing employees. Among other things, our New York under-the-table compensation attorneys will:

We are committed to providing cost effective representation to employees. In fact, our Queens employment lawyers take on many wage and hour cases on a contingency fee basis. We will help you find a solution that best suits your specific situation.