While it is true that any employer could make a mistake or willfully misclassify an employee at any time in order to avoid paying overtime, there are certain industries that seem to be plagued by unpaid overtime.
In New York, the industries where employees routinely report having to fight for their rights including unpaid overtime are:
Nursing & Hospital Workers
Nurses and hospital workers are the hard-working men and women who make sure that both doctors and patients have everything they need. But often these employees fail to get the unpaid overtime they need because they work through their mealtimes and breaks in order to keep everything on track or they are misclassified by their employer.
Call Centers
Even though many major companies have opted to move their call center operations overseas, there are still many major call centers in New York. Customer service reps, telemarketers, booking agents, and even tech support specialists fall under the call center category. In this industry, the actual hours worked by the employee are frequently miscalculated and lawsuits for unpaid overtime are common.
IT
The tech industry is booming and there is great demand for qualified workers. But due to misclassification, through which an employer frequently fails to look at the employee’s actual duties and instead focuses on their title, many IT workers are owed unpaid overtime.
Delivery Drivers
Did you know that major companies like Amazon have recently been slammed with many lawsuits filed by delivery drivers who allege that they have been misclassified? In an attempt to save money, many companies try to claim that their drivers are independent contractors but they still expect to control their every move, set their wages, and set their hours. Many drivers have successfully fought back but there is still more work to be done.
Food Service
Whether it’s a restaurant or a fast-food company, food service workers throughout New York face being misclassified and expected to continue doing work “off the clock”.
If you or a loved one believe that you may be owed overtime pay, contact our law firm as soon as possible to have your case reviewed.
Why Should I File An Unpaid Overtime Lawsuit?
If we review your case and determine that you are in fact owed overtime pay, it may be best to pursue legal action against your employer.
Through either a carefully and aggressively negotiated settlement or a successful verdict, plaintiffs may be able to recover:
- Unpaid Wages: The money that they have been owed for the overtime that they worked.
- Interest: It is possible to obtain interest on the money that they should have been paid.
- Penalties: The defendant may be required to pay penalties for failing to pay their employees the correct wages in a timely manner.
- Attorney’s Fees: It may be possible to recover the money that the plaintiff had to spend in order to obtain what was rightfully owed to them.
The total amount changes from case to case since the award will be based on the money that is owed to the plaintiff.
Why Should I Work With An Attorney?
Once an employer is aware that they may be facing a lawsuit, it won’t be easy for the employee to obtain the information they need to prove their case – but an attorney can. By issuing subpoenas, an attorney may be able to collect:
- Financial Records
- Surveillance Video
- Employee Records
- Computer Files
Our law firm has been helping workers’ navigate the legal process for decades. You can be sure that we will leave no stone unturned while building your case and will keep you updated every step of the way.