Under state and federal law, certain employees are entitled to overtime pay. Thus, if an employer fails to pay an employee wages he or she is owed, the employee may not only be able to recover past wages but may be awarded additional damages as well. In a recent ruling, a federal district court analyzed what a plaintiff alleging her employer denied her overtime wages must prove to set forth a successful claim. If you work in New York and you believe your employer unjustly denied you wages you are owed, you should speak with a trusted New York wage and hour attorney to discuss your potential claims.
Facts Regarding the Plaintiff’s Employment
Allegedly, the plaintiff worked for the defendant company as a billing assistant. When the plaintiff was hired, she received a pay notice that listed her hourly rate. The area of the notice that listed the overtime rate was blank, however. The defendant employer calculated each employee’s weekly hours via records created by a timekeeping machine. The plaintiff was involved in a dispute with her supervisor and was ultimately fired. She subsequently filed a lawsuit against the defendant asserting numerous claims, including the allegations that the defendant did not pay her overtime wages. The defendant filed a motion for summary judgment with regards to the plaintiff’s wage and overtime claim.
Proving Wage and Hour Violations
Under the Fair Labor Standards Act (FLSA), employees are entitled to at least one and a half times their regular wage for hours worked over forty hours per week. Further, New York incorporates the FLSA’s standards into its overtime compensation scheme. Thus, in many cases, the courts will analyze allegations regarding unpaid overtime in violation of the FLSA and New York law jointly.