How are meal and breaks included when calculating overtime?
New York has a number of rules regarding mandatory breaks and when breaks are included in hours worked. The standard rule is that short breaks (breaks less than about 20-30 minutes) [...]
Do I need to be paid overtime for training, changing, cleaning, and waiting?
Overtime is required for all hours of work, including trainings and meetings. Trainings and meetings should always be paid. It is the company’s duty to track time worked, including trainings [...]
What is wage theft?
Wage theft occurs when employers fail to pay workers wages that are required by law, including minimum wage and overtime. New York also requires spread of hours payment for many [...]
Do I qualify for a class action overtime pay lawsuit?
New York and federal law offer options for employees who want to pursue unpaid overtime as a group or on behalf of other employees. Federal law allows for a “collective [...]
How much backpay can I recover?
New York law allows employees to recover six years of unpaid wages, plus in many instances an eight-month tolling period for claims arising during the COVID-19 pandemic.
Am I exempt from overtime?
For most exemptions, there is both a “duties” test and a “wages” test to determine if an employee is exempt or whether they are entitled to overtime. Note that many [...]
Who decides if someone is an independent contractor in New York?
True independent contractors are exempt, but be aware that New York law has strict requirements about who is correctly classified as an independent contractor. If you consistently work for one employer, have [...]
What jobs are entitled to overtime?
Positions that commonly encounter overtime violations include: Restaurant tipped workers, including servers, hostesses, waiters and waitresses, bussers, delivery workers Restaurant non-tipped or back of the house workers, including cooks and [...]