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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult with an employment lawyer for individual advice regarding your specific situation

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Overtime Pay

     Many employees are not properly compensated for well-deserved and hard-earned overtime pay. Employees are often improperly misclassified as exempt from overtime pay. Other times, employees are simply not paid for all their hours worked. Lipman & Plesur, LLP can evaluate your case and fight for your wages.

     It is often helpful to bring these cases on behalf of a whole group of employees. Lipman & Plesur, LLP has litigated complex federal and state law class actions that have recovered millions of dollars for workers entitled to overtime pay. This area of the law is extremely complex. Please call us if you think you are entitled to overtime pay.

 

Lipman & Plesur's Significant Overtime Pay Cases

Customer Service Employees
Lipman & Plesur, LLP handled one of the largest overtime pay class actions in New York State.  In this matter, the firm represented thousands of customer service representatives who were not paid for prep work prior to the start of their shift.


Installation and Repair Technicians
Lipman & Plesur, LLP represented office machine repair technicians who were not paid for morning meetings and the time required to complete a repair after their schedule ended. Lipman & Plesur, LLP settled this case for hundreds of technicians under the FLSA and New York Labor Law.


Nurses/Aides/Nursing Home/ Healthcare Employees
Lipman & Plesur, LLP was approved as class counsel in a class action against a group of nursing homes involving nurses and aides that were not paid for work during unpaid meal periods and after their shift ended.


Bus Drivers/Tour Guides
Lipman & Plesur, LLP was co-class counsel in one of the first opt-in/opt-out wage-hour actions in New York State. Drivers and guides were only paid a set amount even though tours were often delayed.

 

Help Desk/IT Technicians
Lipman & Plesur, LLP has represented numerous groups of help desk workers that assist with computer networking issues. Frequently these workers are required to work extremely long hours without any overtime pay.

 

Hospitality Industry Employees - Food Production, Service and Delivery Workers
In dozens of cases, the Lipman & Plesur, LLP has represented servers as well as kitchen staff that did not receive overtime pay. Other cases involved unlawful deductions and improper tip pooling. The Firm has collected millions of dollars for restaurant workers in New York.


Writers, Editors and Other Creative Professionals
Lipman & Plesur, LLP has represented professional employees, such as editors, who were entitled to overtime pay under the FLSA because they were not paid on a salary basis.

 

Sales Associates
A 24/7 retail store chain violated the minimum wage and overtime pay laws by employing workers "off the books". Lipman & Plesur, LLP recovered earned overtime pay by undocumented workers.

 

Public Works - Laborers
Lipman & Plesur, LLP has recovered both overtime pay and prevailing wages for many blue-collar workers.

 

Independent Contractors
The lawyers of Lipman & Plesur, LLP have represented advertising executives, graphic artists and sales people, delivery drivers and others who were misclassified as independent contractors. Since these workers should have been paid as employees, the Firm was able to recover unpaid overtime for hours worked in excess of 40 hours in a workweek.


Telephone Directory Account Executives
Lipman & Plesur, LLP recently prevailed on summary judgment finding liability on a class basis against a major telephone directory for unlawfully charging back and deducting the earned commissions and wages of hundreds of account executives over a six-year period.

 

Landscape Workers
Lipman & Plesur, LLP represented a commercial landscape firm where the United States Department of Labor demanded that workers receive overtime pay. Lipman & Plesur, LLP identified an applicable exemption and convinced the United States Department of Labor that no monies were due under the FLSA.


Ambulette Service
Lipman & Plesur, LLP represented an ambulette service in class action litigation. The litigation settled on very favorable terms after Lipman & Plesur, LLP asserted and substantiated an applicable exemption defense.