When an employee works beyond the standard forty-hour workweek, they may be eligible for overtime pay. However, it’s crucial to understand that overtime laws do not apply to certain types of employees. Those employees are known as “exempt,” meaning they are not entitled to receive overtime, even if they work more than eight hours a day or more than forty hours a week. Please continue reading to learn when employers are required to pay overtime in New York and why connecting with a dedicated New York Employee Rights Lawyer is in your best interest.
What is Overtime Pay?
Overtime pay is the compensation you receive for working beyond your normal working hours. Under New York Labor laws, an employer who requires or permits their employees to work overtime is generally obligated to pay the employee premium pay for such overtime work. The Fair Labor Standards Act (FLSA) stipulates that employees must receive overtime for hours worked over forty in a workweek of at least one and one-half times their regular rates of pay. It’s important to note that the FLSA does not require pay for work on Saturdays, Sundays, holidays, or regular days of rest unless overtime hours are worked on such days. Under New York Labor Law, employers are required to pay one and a half times their employee’s regular rate of pay for hours worked after forty in a workweek. Almost all workers are entitled to overtime. However, there are certain exceptions.
The FLSA has several exemptions to overtime. First, employees who are paid a salary that cannot be reduced based on the quality or quantity of their work may be exempt. Employees who primarily perform executive, administrative, or professional duties may also be exempt. This includes anyone who is regularly allowed to make independent decisions about important company matters and spend more than half of their time on administrative tasks in a managerial role. The following are some examples of exempt employees:
- Accountants
- Business executives
- Engineers
- Doctors
- Lawyers
- Teachers
What Should I Do If My Boss Isn’t Paying Me Wages That I’m Owed?
If your employer is required to pay your overtime but fails to do so, you can file a complaint with the U.S. Department of Labor’s Wage and Hour Division who will enforce labor laws and recover unpaid wages on your behalf. Under the FLSA, it’s unlawful for employers to not pay hourly or non-exempt employees 1.5 times their regular pay rate for overtime hours worked. It’s important to note that it’s also illegal for employers to retaliate against employees who report violations. Nevertheless, you can pursue legal action against your employer for the wages you are owed.
At Bell Law Group, PLLC, we are prepared to protect your rights and effectively represent your interests. Contact our dedicated legal team today to schedule a consultation to discuss your legal options and seek the compensation you are owed for overtime work.
