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Wage And Hour FAQ

What Laws Govern Overtime Pay In New York City?

Both state and federal laws address overtime pay in New York City. The Fair Labor Standards Act (FLSA) is a federal law and the New York Labor Law (NYLL) is a state law. Each provides that every nonexempt employee must receive minimum wage and is entitled to time-and-a-half pay for every hour worked over 40 in a week. Under the FLSA and NYLL, certain occupations are exempt and not entitled to overtime pay. Whether an employee is entitled to overtime under the FLSA or NYLL is often a fact-specific question that requires a detailed analysis of the employee's job duties.

How Common Is Wage Theft?

Failing to pay workers minimum wage and overtime is common and an increasing concern of the U.S. Department of Labor. Wage theft occurs both intentionally and unintentionally. It is estimated that nearly $50 billion is stolen from workers every year.

Are Employees Who Work Through Breaks Entitled To Overtime?

Nonexempt employees who work over 40 hours in a week are entitled to time-and-a-half pay for all hours worked over 40. Employees can voluntarily waive their right to a meal break, but must be paid for that time. This includes time spent "on call." Employees who are working at their desks while eating, on call during break or driving from one work site to another while eating are working.

Are Workers Entitled To Previous Overtime Worked?

Yes, a wage and hour lawsuit seeks back pay as a remedy for wage theft. If an employer has failed to pay overtime for several employees, those employees may join a class-action lawsuit that seeks to recover back wages for all employees named in the class action.

Wage And Hour Laws Can Be Complex. We Can Help.

For answers to your specific questions, contact one of our attorneys at 212-460-0047 to discuss your legal rights. You can also schedule an initial consultation online.