I work in an office that doesn't pay overtime.  I do not hold a
professional position (lawyer, architect, ...). I average around 55-60
hours per week. The office is in New York City. When people have
inquired about this they have essentially been threatened with getting
fired. I will soon be leaving and would like to be compensated.  What
can I do?  Especially now that the laws have now changed as of last
week.

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Request for Question Clarification by pafalafa-ga on 08 Sep 2004 07:21 PDT

If you're non-management, non-professional, then (as I understand
things in my non-lawerly fashion) you stand an awfully good chance of
being legally entitled to overtime, including back pay.  So are the
other workers in your office.  To collect though, you're probably best
off speaking with a lawyer. Have you done this already?

Let us know a bit more of the status of your situation.  Also, be
aware that a sudden obligation of the office to pay its staff a few
years back wages for overtime can put a severe strain on the
business...a factor to bear in mind as you move forward.

Howdy espressoducati-ga,

A reminder of the "Important Disclaimer: Answers and comments provided on
Google Answers are general information, and are not intended to substitute
for informed professional medical, psychiatric, psychological, tax, legal,
investment, accounting, or other professional advice."

This same thing happened to me at one of the first jobs I ever had, and it
makes me mad even though it is over 30 years later.

Yes, there is the U.S. Department of Labor (USDOL) - Employment Standards
Administration Wage and Hour Division - DOL's FairPay Overtime Initiative
that became effective August 23, 2004.
http://www.dol.gov/esa/regs/compliance/whd/fairpay/main.htm

You will want to examine the exemptions by occupation.
http://www.dol.gov/esa/regs/compliance/whd/fairpay/fact_occupation.htm

YOu will also want to examine the exemptions by exemptions.
http://www.dol.gov/esa/regs/compliance/whd/fairpay/fact_exemption.htm

Here is the USDOL Handy Reference Guide to the Fair Labor Standards Act
(FLSA) which addresses overtime questions.
http://www.dol.gov/esa/regs/compliance/whd/hrg.htm

The USDOL web page on Wages - Overtime Pay
http://www.dol.gov/dol/topic/wages/overtimepay.htm

Contact information for the USDOL, if you have questions.

DOL Customer Service Request Form
http://www.dol.gov/esa/contacts/whd/contactForm.asp

1-866-4-USWAGE (1-866-487-9243)

The first thing you will want to do is to document as much as you
can your overtime claims.  Dates (if you can check your time cards,
etc.) and number of hours.  The general rule is that overtime is to
paid on any hours over 40 hours in a work week.

It doesn't appear you will need a lawyer (I didn't in my case) as
there is a New York state agency that exists to help you, and any
others in the same situation, take care of such problems.

Keep in mind that it was (and is) the obligation of your employer
to pay their employees all wages, including overtime, due to them.
In my opinion you will not only be doing the right thing for yourself,
but the right thing for all of your (soon to be former) fellow employees
as well.

The main government agency you will be dealing is the New York State
Department of Labor or NYSDOL.
http://www.labor.state.ny.us/faq.html

"...
Q: What are the regulations regarding overtime?

A: Covered employees who work overtime must be paid at a rate that is one
and one-half times their regular, 'straight-time' hourly rate of pay.
...
this overtime rate applies to all time over 40 hours in a payroll week.
...
The overtime requirement is based on hours worked in a given payroll week.
Thus, time and one-half, double-time -- or any amount higher than the agreed
rate -- is not required simply because the work is performed after eight hours
per day or on a Saturday or Sunday.

Some categories of employees are excluded from New York State's overtime
provisions. These state exemptions from the requirement for overtime pay are
identical to the federal overtime exemptions outlined in the Fair Labor
Standards Act (FLSA) ...
...

Q: What information must be maintained in an employer's payroll records?

A: Employers' payroll records must contain the following information regarding
their employees:

- Name, address and social security number
- Wage rate
- The number of hours worked daily and weekly
..."

New York State Department of Labor (NYSDOL) - Wage and Hour Law
http://www.labor.state.ny.us/business_ny/employer_responsibilities/workprot/lshmpg.htm

"UNPAID OR WITHHELD WAGES

Investigates and endeavors to collect claims for unpaid or withheld wages
including illegal deductions."

You will need Acrobat Reader to read, etc. the following document. If you do
not have it, you can download it free from the Adobe web site.
http://www.adobe.com/products/acrobat/readstep2.html

Claim For Unpaid Wages [form] LS 223
http://www.labor.state.ny.us/pdf/Ls223.pdf

"NOTE: IT IS NECESSARY FOR YOU TO HAVE ASKED FOR THE WAGES DUE BEFORE WE CAN
ASSIST YOU.
...
26. DID YOU DEMAND THESE WAGES? [Yes/No]
27. DATE OF DEMAND
28. ON WHOM WAS DEMAND MADE?
29. DID EMPLOYER REFUSE TO PAY THESE WAGES? [Yes/No]
IF YES, GIVE EMPLOYER'S REASON FOR REFUSAL
..."

As you can see from the above, you will need to have your hours documented,
then you will have to ask your employer to pay those overtime hours, then
document your employer's refusal to pay, if that happens.  I might advise
you request the wages in as much of a non-threatening, non-confrontational
manner as possible.  No "I am going to get you..." kinds of statements would
probably be advisable.  You might do this on your last planned day of work,
and if your employer fires you because of this, it might make your case even
stronger.

You will need to fill in both pages of the "Claim For Unpaid Wages [form]
LS 223" and you will need to contact your local NYSDOL district office.

Division of Labor Standards - District Offices
http://www.labor.state.ny.us/business_ny/employer_responsibilities/workprot/lsdists.htm

New York City District
345 Hudson Street
New York, NY 10014
Tel. (212) 352-6700
Fax. (212) 352-6593

You might want to contact them in advance for advice if you have any questions
on how it is best for you to proceed with this process.

If you need any clarification, feel free to ask.  Good luck!


Search strategy:

Google search on: "New York" employment
://www.google.com/search?q=%22New+York%22+employment

Looking Forward, denco-ga - Google Answers Researcher

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Request for Answer Clarification by espressoducati-ga on 08 Sep 2004 19:22 PDT

My direct boss is the manager. He is away alot from the office due to
an arrangement negotiated with the owner.  Due to this situation
people look to me for answers - direction.  He is paid more than me. 
I have been there three years and this arrangement has been in place
for about two.  There are about 200 hundred employees.  Few, (12) get
overtime.  There are many foreign employees (more than the legal
limit) being sponsored by the company.  Because of being sponsored,
few are willing to challenge the overtime issue.
I haven't spoken with a lawyer.
Where do I turn in terms of federal or state agency?
Thank you.

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Clarification of Answer by denco-ga on 08 Sep 2004 21:46 PDT

Howdy espressoducati-ga,
 
Again, you will need to document your hours, fill in the form that I have
listed, ask your manager for that pay, and then document the response.  If
you do not do that, then the New York State Department of Labor will not
work on your claim.

Take that form and file it with the New York State Department of Labor at
the office that I listed.  Once the NYSDOL starts investigating your case,
I would not be surprised if they start investigating beyond your case, but
the bottom line is that you need to make your own case a priority.

If after you get your claim filed and paid, you want to pursue something
on behalf of the other employees, you could always go through the U.S.
Department of Labor, through the contact information I provided.

Looking Forward, denco-ga - Google Answers Researcher

Hi express: My guess is your employer is sweeting out the new
(expost-facto)law of Aug 23, 2004. Some of the employees will be
devistated if your employer files bankrupsey, so I suggest you only
apply for a few hours of back pay, to insure the continued solvency of
this employer. Pafalafa also expressed this concern.   Neil