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Helping Construction Workers Recover $215K in Unpaid Overtime
Overworked and Fighting for Fair Pay: The Workers’ Story
Imagine working long hours, sacrificing weekends, only to find out you weren’t paid fairly. That was the reality for a group of construction workers who reached out to us after their employment ended. These workers—dedicated individuals, including a foreman, a steel cutter, and a demolition laborer—spent years working significant overtime, only to find they hadn’t been compensated as required by law.
Here’s the uphill battle they faced:
- 6+ years of unpaid overtime despite regularly working beyond 40 hours each week.
- Limited time to act: With New York’s six-year statute of limitations for wage claims, they needed to act quickly to recover what they could.
- Facing immediate financial challenges: Each year delayed meant lost wages, making swift legal action essential.
Know Your Right to Overtime Pay Under NY Labor Law
For hourly workers, overtime pay is a protected right under both federal and state laws, which require employers to pay 1.5 times an employee’s regular hourly rate for any hours worked over 40 in a week. This applies even if you’re paid a salary, provided your earnings are below certain salary thresholds which is dependant upon where you work in New York and are often adjusted but are $1,237.50 for downstate new York as of January 1, 2025 per week or your role doesn’t meet specific exemption criteria (source).
2025 Minimum Wage Updates
As of January 1, 2025, New York’s minimum wage for most workers increased to:
- $16.50 per hour in New York City, Long Island, and Westchester County
- $15.50 per hour in the rest of the state
If you’re working overtime without fair compensation, these protections are meant for you.
Building a Strong Case for Wage Recovery
When our clients approached us, they were hesitant to challenge their employers. But with clear, compassionate guidance, they felt confident in taking action.
Here’s how we supported them:
- Filed a lawsuit for unpaid wages under New York Labor Law and federal Fair Labor Standards Act protections.
- Pushed for mediation to fast-track the case and increase chances of recovery.
- Prepared a collective action plan: If mediation had failed, we were ready to certify a collective action, allowing other impacted employees to join. This additional pressure helped bring the company to the table.
Why Collective Action Matters in Wage Cases
Collective action allows multiple workers with similar claims to join a single case, which can:
- Increase recovery amounts: By broadening eligibility to others, we strengthened our clients’ claims.
- Create employer accountability: Knowing additional claims could follow, employers are often more willing to negotiate fair settlements.
The Outcome: $215,000 Recovered for Construction Workers
Through swift action and skilled negotiation, we secured a $215,000 settlement for our clients, covering nearly all the wages owed. This case illustrates the power of experienced legal representation in securing the fair pay our clients had rightfully earned.
Think You Deserve Fair Compensation? Start Your Claim Today!
If you suspect you’re not receiving full pay for your work, don’t wait.
Contact Katz Melinger today to discuss your options and learn how we can help you recover what you’ve earned.
Call us at 212-460-0047 or fill out our online form for a free, no-obligation consultation.
Act Now to Protect Your Right to Fair Pay
If you think you’re being underpaid, acting quickly is essential. The sooner you begin, the better your chances of recovering owed wages. Here’s why starting now matters:
- Six-year time limit: New York allows claims only for the past six years, so delaying could limit your recovery.
- You can file while still employed: If you’re facing wage issues, you don’t have to wait until you leave your job to assert your rights; you are legally protected from retaliation such as suspension or termination if you assert your rights..
- Legal support makes a difference: Experienced legal representation can navigate complex wage and labor laws on your behalf.
Why Legal Representation is Key in Wage Recovery
Navigating wage claims is complicated, but Katz Melinger is here to support you every step of the way. With years of experience handling unpaid wage and overtime cases, we know what it takes to succeed in wage recovery. Here’s how we help:
- Clear, straightforward advice: Our team keeps you informed and prepared at each stage of your case.
- Custom strategy: Every situation is different, so we craft a strategy tailored to your unique needs.
- Proven success in wage recovery: We’ve successfully represented clients in cases across various industries, helping them recover the wages they rightfully earned.
Common Questions About Wage and Overtime Rights
1. Am I eligible for overtime pay?
Generally, hourly workers who work over 40 hours in a week are eligible for overtime pay at 1.5 times their hourly rate. Certain salaried employees may also qualify, depending on their duties and earnings level. Contact Katz Melinger to help determine your eligibility.
2. What if I’m paid in cash?
Even cash wages must be reported by your employer, and you should still receive proper tax forms, like a W-2. If cash payments are being misreported, this could lead to wage and tax issues.
3. Can I address IRS issues if my employer misreported my wages?
Yes. Under 26 U.S.C. § 7434, employees can take action against employers who knowingly submit incorrect tax information. We can guide you through this process and help resolve tax discrepancies affecting your wages.
4. Is there a time limit to recover unpaid wages?
In New York, workers have six years to file unpaid wage claims. However, acting sooner can improve your chances of success. Contact us to discuss your specific situation.
5. What should I do if my employer retaliates against me for filing a wage claim?
Federal and New York state laws protect employees from retaliation for asserting their rights. Retaliation can include termination, reduced hours, or demotion. If you think you’re experiencing retaliation, Katz Melinger can help.
6. My employer says I’m exempt from overtime—how do I know if that’s true?
Overtime exemptions are based on job duties and earnings, not just job titles. Our attorneys can assess whether your job duties meet exemption criteria under FLSA and NYLL.
Missing Out on Fair Wages? Contact Us to Reclaim What’s Yours
If you suspect your employer isn’t paying you fairly, don’t let another day go by without exploring your options. Wage issues impact your financial security and peace of mind, but with Katz Melinger’s support, you don’t have to face this challenge alone.
Take the First Step Today:
- Get a Free Consultation: Speak with one of our experienced attorneys about your situation.
- No Obligation: Learn your rights and understand your options without any pressure.
Call us now at 212-460-0047 or complete our online form to schedule your free consultation. Don’t wait—each day you delay may be a day of lost wages. Reclaim what’s rightfully yours with Katz Melinger’s support.
Please note: This blog post is for informational purposes only and does not constitute legal advice. Every case is unique, and the information provided may not apply to your specific situation. For personalized guidance on wage and labor issues, please contact Katz Melinger directly.
Additional Resources and Reading on Unpaid Overtime and Wage Rights
- Am I Entitled to Overtime as a Salaried Employee?
- Failure to Pay Overtime
- Unlocking Overtime Eligibility for Salaried Workers in NY & NJ
- 4 Ways Employers May Be Withholding Overtime Pay
- Burlington Coat Factory Reaches $11 Million Settlement on Unpaid Overtime Claims
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