Not Paid Overtime or Prevailing Wage?

Finn Dusenbery represents employees in all aspects of employment law, including claims for minimum wage and overtime violations; prevailing wage violations; unpaid tips, bonuses and severance; unlawful deductions; discrimination and wrongful termination based on race, color, religion, gender, age, sexual orientation, national origin or any other protected class; sexual harassment; and retaliation for complaining about wage violations, discrimination, or sexual harassment. Finn also represents employees in reviewing, drafting and negotiating employment contracts, which often have unfair terms such as strict non-compete agreements or bonus provisions.
In particular, Finn has focused much of his practice on minimum wage and overtime violations.  The current minimum wage in New York State is generally $11.80 per hour, unless regulations covering particular geographic areas or industries set a different minimum wage.  Moreover, for hours worked in excess of forty (40) per week, workers are generally entitled to be paid overtime, which is one and a half times the minimum wage or the worker’s regular rate of pay, whichever is higher.  For example, a worker with a regular rate of $15.00 per hour may have an overtime rate of $22.50 per hour.
Even workers who are salaried may be entitled to overtime, unless a regulation known as an “exemption” applies to the worker.  Importantly, these exemptions are meant to be narrowly drawn, which generally favors workers seeking overtime.  Further, for certain exemptions to apply, employers must pay a minimum amount called a “salary threshold,” which is currently $455 per week.  For workers paid less than the salary threshold or on an hourly basis, the salary threshold is generally not met and the workers may be entitled to overtime.
As a result, whether you are paid on an hourly or salary basis, you may be owed money for unpaid overtime if you work more than forty (40) hours per week, and are not paid one and a half (1.5) times the minimum wage or your regular rate of pay for each hour over forty (40). We are generally able to work on a contingency basis, which means that we are paid part of the money we recover, and you pay nothing if there is no recovery. Contact the Law Office of Finn W. Dusenbery for a free consultation.
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Even if you are unsure if you have a case or not, if you believe you have not been paid overtime, severance or other wages, or have been discriminated against, contact us to learn more about your rights and options.