What Can a New York City Overtime Lawyer Do for an Employee?
Why Hire a New York City Overtime Lawyer? What Can Be Done to Help Me in my Wage and Hour Dispute?
Most people do not want to hire a lawyer. Some people may be embarrassed to take their disputes or problems to another person. Other people are afraid of litigation and court, and rather not go to argue their disputes in an open forums. But most people are concerned about the costs of hiring a lawyer, particularly in New York City. However, when you have a wage and hour claim you are talking about money that you may have rightfully earned and is being withheld from you. When this happens, you may be entitled to both this money back and your attorneys’ fees paid for by your employer. This means a free lawyer in most instances. Learn what else a New York City overtime lawyer can do for you.
Costs of Going to Court, Disbursements, and Even Attorneys’ Fees Can be Paid FOR YOU
Under New York Labor Law, when there is an overtime violation where the employer has improperly withheld overtime wages from an employee, and the employee is forced to file a lawsuit or hire a lawyer, the employee may obtain compensation from the employer for all expenses in the lawsuit. This includes filing fees, copying fees, and other disbursements. As mentioned above, this also means your counsel’s fees being paid for by the defendant—not by you!
Recovering Your Overtime Wages
If you are entitled to overtime, you will be able to recover your overtime wages that should have been paid to you. Overtime wages are owed to employees for all hours worked over 40 in a workweek. The rate of overtime wages is 1.5 times the employee’s regular rate of pay. If you were not paid overtime wages which you properly earned, you may be entitled to have these wages returned to you.
Punitive Damages Equal to Your Overtime Wages
In addition to your owed overtime wages, employees who were intentionally, wrongfully, or otherwise maliciously withheld their overtime wages by an employer who knew or should have known that the employer was wrongfully withholding such wages, the employee may be entitled to punitive damages. Under the New York Labor Law, these punitive damages are equal to the overtime wages owed. This means that an employee could receive his or her overtime wages he or she earned, plus punitive damages in the same amount. This means doubling up the lost wages.
Handling this Case Out of Court
In some instances, a New York City overtime lawyer can send a demand letter or settlement proposal to the employer or the employer’s counsel to resolve the overtime dispute without litigation. Many times this can be done based on the facts and payroll records, without much participation from you. This can also be an expedited process and cordial, not requiring arguments in a public forum like a court.
Not Sure You Are Being Paid All of Your Overtime Wages? Call our New York City Overtime Lawyer Today!
Overtime is a protected right by both federal and state law. Employees have rights that need to be protected. If an employee is unsure overtime is being fully paid, call the experienced New York City wage and hour attorneys at SAMUEL & STEIN who are dedicated to asserting and defending the rights of employers and working people throughout New York and New Jersey. We have the resources, experience, and knowledge necessary to ensure your legal rights are protected and you are not taken advantage of. Call us today by dialing (646) 480-2149 or use the convenient “Evaluate Now” box on our webpage. Together we can help answer your questions and protect your rights.