Why Do I Need a Lawyer for my New York City Overtime Case?
Do I Need a Lawyer for my New York City Overtime Case? Yes, Here’s Why:
Overtime is a right established under the federal Fair Labor Standards Act (FLSA) and under New York’s minimum wage act as embroiled in the New York Labor Law. Both of these bodies of law contain a complicated matrix of obligations, rights, exemptions, and definitions. This is why it can be difficult for employers and employees to understand their obligations and rights as to overtime. When a dispute arises, some employers and employees may ask do I need a lawyer for my overtime case in New York City?
The answer is yes, and it should be an experienced New York City wage and hour attorney. Not only is overtime complicated, but penalties and interests for not paying overtime can quickly accumulate. There are many reasons why, and here is some of the most important ones:
Avoid Litigation with an Attorney Negotiating Your Case
While overtime law can be complicated, an experienced attorney can help break the law down and apply it to the facts. This can be put into a written settlement demand and help explain the rights and liabilities of each party. If this is done pre-litigation, it can actually help clear the controversy and get the relief you want without resorting to court. This means that both parties can save money and time, while also avoiding penalties and the risk of a court proceeding.
Attorneys Can Set Up and Present Your Case in the Best Possible Light
Even though it may be tempting to go into your boss’ office and argue over possible overtime wages and calculations, you are making admissions or arguments which may hurt your case. Rather than being reactionary, an experienced wage and hour attorney could help set up your case in a positive light before litigation occurs and avoid admissions or arguments which may hurt your position.
For example, an employer’s willful or intentional violation of the overtime laws under New York law allows for an employee to get a punitive penalty equal to 100% of the owed wages. But proving intent can be difficult. If your attorney provides a thorough and detailed settlement demand explaining why the employee is entitled to money, and the employer acknowledges this can does not remit payment, this may be enough to establish the punitive penalties. This means you could get back twice what you would be entitled to if you just prove the owed wages.
Counsel is Free! Costs and Attorneys’ Fees are Paid to the Prevailing Party
If an employer is refusing to pay overtime wages to an employee who is entitled to overtime under New York law, the Labor Law provides that the prevailing party is entitled to costs, disbursements, and reasonable attorneys’ fees for having to bring the litigation. This means that a victim may not have to contribute any money to protect his or her rights to compensation.
Not Paid Your Overtime Wages? Call our New York City Overtime Lawyer 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) 480-2149 or use the convenient “Evaluate Now” box on our webpage. Together we can help answer your questions and protect your rights.