What Can I Recover in a New York Overtime Lawsuit? NYC Overtime Lawyer Explains
Damages in New York Overtime Cases: What Can I Recover in a New York Overtime Lawsuit?
When an employee is not paid his or her overtime wages, he or she may have a New York overtime claim against his or her employer. There are many types of damages in New York overtime cases that the employee may be entitled to and able to recover. This is because, under both federal and New York law, certain employees who work more than 40 hours in a workweek are required to be paid overtime wages at a rate of one and a half (1.5) times their regular rate of pay for each hour worked over 40 hours. Employers who fail to pay overtime—either intentionally or unintentionally—may be civilly liable to employees who are not properly paid.
If you believe you are not being paid properly for your overtime wages, call a New York City overtime lawyer like the ones at SAMUEL & STEIN to learn what your rights to compensation may be. New York law provides civil remedies for employees who are not being paid their proper overtime wages, including attorneys fees. Call us today by dialing (646) 681-4193 to learn more on how we can help you.
Damages in New York Overtime Cases: What Can I Recover in Overtime Lawsuit
A party recovers “damages” in an action or lawsuit. There are many forms of damages, but the most common form is monetary compensation. There are different grounds for monetary compensation or types of monterey compensation. Under New York Labor Law s 663, an employee who is not paid his or her proper overtime wages may recover several different types of compensatory damages, including the following:
- All unpaid overtime wages;
- Interest on the unpaid overtime wages (which is 9% per annum per the civil practice law and rules);
- Reasonable attorneys’ fees for commencing the New York overtime lawsuit; and
- Costs for commencing the NYS overtime lawsuit.
Additionally, if an employer does not have a good faith basis for the underpayment, and employee can recover and additional “liquidated damages” which is equal to 100% of the underpaid wages.
For example, if an employer intentionally and wrongly fails to pay an employee $5,000 in overtime wages, the employee will be entitled to the unpaid wages of $5,000 and $5,000 in liquidated damages, therefore making the sum $10,000. This is in additional to attorneys’ fees, costs of the lawsuit, and interest on the underpaid wages.
Not Sure if You Were Properly Paid all of Your Overtime Wages in New York? Call us Today!
The experienced New York City Wage and Hour attorneys at SAMUEL & STEIN 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) 681-4193 or use the convenient “Evaluate Now” box on our webpage. Together we can help answer your questions and protect your rights.