my shift is 8 a.m. until 5 p.m. with 30 minute duducted for lunch. am I still entitled to Overtime wages?
Have you checked to see if you also have 2, 15 minute breaks deducted as well?
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FAIR LABOR STANDARDS ACT VIOLATION
Yes, you should consult with an attorney experienced with Fair Labor Standards Act litigation. Many will provide a free initial consultation and also if you have a viable case, take it on contingency, so you will not pay any attorneys fees.
If you don't know one, go to www.nela.org and search for one in your area. NELA is an association of attorneys who dedicate all or a portion of their practice to these types of issues.
I am a California attorney and cannot give legal advice in your state. My comments are information only, based on federal law and general legal principles. YOUR STATE MAY HAVE ITS OWN LAWS THAT OFFER SIMILAR OR GREATER PROTECTION. If I mention your state’s laws, it only means I did a quick Internet search and found something that looked relevant. You MUST check with an attorney licensed in your state to learn your rights.
You should be entitled to overtime pay for any time worked beyond 40 hours in one work week. In nearly every instance, meal breaks are unpaid but off-the-clock, and rest breaks are paid and on-the-clock.
The New York State Department of Labor states: "Meal periods do not count as work time, thus employers need not pay for that time. Employers do not have to provide other "breaks", such as for "rest periods" or "coffee breaks." But, if an employer permits a break (of up to 20 minutes), then they should pay it as work time." http://www.labor.ny.gov/workerprotection/laborstandards/faq.shtm#8
Your best bet is to consult with attorney who knows New York and also federal wage and hour law.
You can find a plaintiffs employment attorney on the National Employment Lawyers Association (NELA) web site www.nela.org. NELA is the largest and most influential bar association in the country for attorneys representing working people. You can search by location and practice area. Also, NELA has affiliates in every state and many cities which are listed on the NELA site. Not all NELA attorneys are named on the web site or affiliate site. This should not influence your selection; attorneys can choose whether or not to purchase a listing in the national directory, and each affiliate has its own rules for listing.
I hope you can resolve your situation and wish you the best.
*** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***
As others have stated, you should be paid for hours over 40 at the overtime rate. My office does a lot of FLSA work and we'd be happy to discuss your situation with you to determine if you have a viable case. Feel free to give me a call or send me an email if you want.
Feel free to contact me if you want. Dan Knauth [email protected] // 212-317-1200. Answers to questions are meant to be general only, are not intended to be legal advice and do not create an attorney-client relationship. Answers to questions are based on NY law, and the laws of other states may create different rights and obligations.
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