Overtime Miscalculation Lawyers, Lawsuits & Compensation
2 offices serving Queens, Brooklyn, Bronx, Manhattan & New Jersey
Are you being shorted earnings due to your overtime pay being calculated at the wrong rate?
Overtime pay should be calculated at one and one half times an employee’s “regular rate of pay”. The regular rate of pay needs to include things such as commissions, shift differentials and non discretionary bonuses.
For a bonus to be of the discretionary type and thus excludable from the calculation of overtime, an employer must retain discretion both as to the fact of payment and as to the amount until a time quite close to the end of the period for which the bonus is paid. The bonus sum, if any, to be paid must be determined by the employer without prior promises or agreement, to be considered non-discretionary.
Many employers pay overtime at the wrong rate, thus underpaying their employees. For example, if your employer pays you overtime but fail to include in the calculation non-discretionary bonuses or commissions you received, your likely owed money.
Call Us to Discuss Your Overtime Underpayment Issue
The Law Offices of Louis Ginsberg, P.C. represents workers who have been unjustly denied the pay rightly owed to them under the law. Call 1-800-LOST-JOB (1-800-567-8562) or 1-877-4WAGESLAW (1-877-492-4375) to speak with an attorney.
We provide two convenient law offices which are in close proximity to Manhattan, Bronx County, Queens County, Brooklyn and New Jersey.
New York City Office
The Woolworth Building
233 Broadway, Suite 2220
New York, NY 10279
Long Island Office
North Shore Location
1613 Northern Blvd.
Roslyn, NY 11576