Am I Entitled to Overtime Pay?

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If your job position often requires you to work more than 40 hours per week, you may be wondering if this makes you eligible for overtime pay. Well, the answer is that it depends on what your job position exactly is. Read on to discover whether you are entitled to additional wages and how a seasoned New York overtime pay lawyer at Bell Law Group can help you understand your rights.

Am I entitled to overtime pay in New York State?

First of all, overtime pay is considered to be a higher pay rate for the hours worked that exceed 40 hours in a given work week. More specifically, in New York State, this higher pay rate is typically one and a half times the regular rate of pay.

While almost all New York State employees are entitled to overtime pay, there are some exceptions. That is, federal and New York state laws hold that executive employees, administrative employees, professional employees, or otherwise salaried employees are not subject to overtime requirements.

But as the New York minimum wage requirement increases, the state’s minimum salary for these employees must also increase proportionally. As of 2021, these rates are as follows:

  • A salary-based employee in New York City: the minimum salary requirement is $1,125 per week.
  • A salary-based employee on Long Island and Westchester: the minimum salary requirement is $1,125 per week.
  • A salary-based employee in all other areas of New York State: the minimum salary requirement is $990 per week.

What should I do if I do not receive my rightful wages?

So, if you are being paid less than New York State’s minimum salary and work more than 40 hours per work week, then you may request that your employer provide overtime pay benefits.

However, sometimes employers use tactics to discretely withhold overtime pay. For example, your employer may purposefully, incorrectly categorize you in an exempt employment status so that you are not technically eligible for additional pay. That is, they may assign you to an executive position even if your job duties do not align with this title.

Or, your employer may frequently ask you to carry out additional tasks outside of your scheduled business hours. While these “off the clock” tasks may seem frivolous, they may add up to many hours of missed wages overtime.

Whatever your specific case may be, you must address these wage and hour law violations by taking legal action against your negligent employer. This may just be the only way to receive back pay and overall recover the damages that you have incurred. You cannot ignore your potential wage and hour claim for much longer. Instead, you must retain the services of a competent New York wage & hour lawyer from Bell Law Group today.

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