Am I Entitled To Overtime Pay In New York?
All non-salaried employees, with very rare exceptions, are generally entitled to get ‘time and a half’ of overtime pay for every hour they work past their standard schedule. However, far too many employers try to help their bottom line by withholding this compensation. This conduct is wage theft, and it is actionable, both under New York and U.S. federal law. If you suspect that you are entitled to overtime pay, but have not been receiving it, contacting an attorney may be a good idea.
Am I Exempt?
Overtime pay is guaranteed both under the federal Fair Labor Standards Act (FLSA), and under the New York Human Rights Law (NYHRL). However, it is guaranteed only for those in occupations that are not ‘exempt’ – exempt employees are expected to perform their tasks within the hours they are scheduled, and are thus not entitled to overtime pay because in theory, they would not be asked to work overtime. (This is very often not the case, but such is the rationale behind deeming some professions as ‘exempt’ from overtime pay.)
Most exempt employees are salaried, However, there are a handful of professions that are recognized as non-exempt which do not always receive a salary for their work, but stand a high chance of being exploited if they are immune from overtime pay – for example, firefighters and certain types of practical nurses. Workers in these professions do not generally work a standard schedule, with demand for their services rising and falling, so classifying these workers as exempt would almost certainly harm their financial livelihood.
Know Your Rights
If an employee is not classed as exempt, they are almost certainly entitled to overtime pay for any hours worked beyond their standard schedule. For example, if a nonexempt worker normally works 40 hours per week, but were asked one time to work 4 extra hours, that employee would be entitled to 4 hours’ worth of overtime pay. Keep in mind that in New York, some job categories which are not overtime-eligible under the FLSA may still receive overtime under state law.
If you are nonexempt and believe that you might be eligible for overtime under either state or federal law, you may be a victim of wage theft. New York has a law in place called the Wage Theft Protection Act (WTPA) which can help you receive the compensation you are due, with potentially significant consequences for your employer. Contacting an attorney can help you set the process of seeking redress in motion.
Contact A New York Employment Law Attorney
Every employee has the right to be compensated fairly, regardless of their position on the corporate totem pole. If you suspect that you are not getting the overtime pay you deserve, contacting a New York City overtime attorney from Mansell Law, LLC may be the right first step toward changing that reality. Contact our office today at (646) 921-8900 for a free consultation.
Source:
dol.gov/agencies/whd/flsa/faq
