Bronson Lipsky regularly represents employees in cases involving wage and hour disputes, including cases within the ambit of the Fair Labor Standards Act, the New York Labor Law and New Jersey Wage and Hour Law. Wage and hour cases include situations where employees are not paid overtime, not paid for all hours worked or are misclassified as an exempt employee and therefore not paid overtime.
Here are some examples that may violate federal and state overtime laws:
- Employers requiring employees to record their scheduled hours on their time sheets instead of the actual hours worked. The employees may be forced to record 9am to 5pm Monday through Friday on their timecard even though the employees arrived at work and began performing work at 8:52am and did not leave until 5:05 pm. We believe that in many cases the employees should be compensated for the unrecorded time as overtime pay.
- An employee receives a 30-minute unpaid lunch each day but his or her lunch is often interrupted or he or she does not receive the whole 30 minutes. We believe that in many cases, once an employee’s lunch is interrupted, he or she is entitled to compensation for the whole 30 minutes, which often results in overtime.
- An employee’s working time is not recorded until they pick up the telephone to start answering phone calls even though they arrived at work 10 minutes earlier to read work emails and to prepare for the days tasks. While this time may seem minimal, it can add up to over one hour of overtime each week.
- An employee is classified as exempt from overtime laws under the executive exemption but the employee does not supervise two or more employees. In misclassification cases, we often argue that plaintiff is owed overtime play for all hours worked over 40 hours in a workweek.
- An employee responds to emails on his or her handheld device while at home and not at work, but told not to record anytime spent responding to those emails.
- An employee receives bonuses based on production or sales but does not receive overtime payments on those bonuses.
These are just a few examples, many other violations exist that employers participate in to avoid paying their employees statutorily required overtime. Feel free to contact us if you would like us to evaluate whether you are being paid correctly under federal and New York or New Jersey overtime laws.
Taking formal legal action should be the last recourse taken to address injustice in the workplace. The process takes enormous time, energy and expense and can be stressful. This is exactly why we carefully consider each step: whether to take a case, reach an out-of-court settlement, or go to trial. In making each of these decisions, we have one goal: what is best for our client.
Case Screening and Evaluation
After you contact us, the first step is to arrange a telephone screening with an attorney. After you have spoken with an attorney over the phone, we may recommend meeting with you for an in person case evaluation. At that meeting, we will ask questions to determine your goals, your needs and the merits of your case. An evaluation does not guarantee that we will take the case, or that we will decide to litigate. No matter what course of action is decided, the consultation will provide you with expert advice on your next steps.
After the case evaluation, you will know whether you have a case, whether it is worth spending time and money pursuing what your rights are and what your employers’ rights are.