Legal Question in Employment Law in New York
I have been working at my current job for over a year and a half. My current employer has a policy that he does not pay overtime. I have worked over 40 hours over the course of a few paychecks. This includes some paychecks that are well over 40. I would, however, receive my regular pay regardless of the number of hours that I worked. I am a software developer, that makes less than $27.63 per hour in the state of New York. Is this illegal?
2 Answers from Attorneys
No, this is not legal. It appears that your employer is violating the Fair Labor Standards Act. It would be advisable for you to obtain records of the hours you worked for each pay period in preparation for a complaint with the Department of Labor or a private action against your employer.
In contrast to the above attorney's recommendation I would not advise you to file a Department of Labor complaint. You need to speak with an experienced attorney who understands the FLSA and how to maximize your compensation if your employer is in violation of state and federal overtime laws. In most cases of clearcut FLSA violations, employers are eager to settle and you are protected against retaliatory termination by anti-retaliation laws.
If you need to discuss this immediately, I will make myself available to you for a complimentary consultation on Monday.
You can review my website FLSAattorney.com and reach me at [email protected]
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