Am I eligible for overtime pay? | Katz Melinger PLLC
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Am I eligible for overtime pay?


Your employer may sometimes expect you to put in additional time outside of your regular hours-even if they will not pay you for it. Or, perhaps they do compensate you for these hours but not with the standard time-and-a-half expected for overtime wages. Both of these situations can frustrate you and leave you questioning whether you are being fairly compensated.

Wage and hour violations are common in the workforce, but that does not mean they are acceptable or legal. If you have been working off the clock without adequate compensation, you may have the right to seek overtime pay.

Who qualifies for overtime pay in New York?

In New York, rules about overtime pay fall under both the federal Fair Labor Standards Act, or FLSA, and the New York Labor Law, or NYLL. According to the FLSA and NYLL, you may be entitled to overtime pay if:

  • You are paid an hourly wage instead of a salary
  • You are paid a salary but your salary is less than:
    • $1,125 per week if you work in New York City
    • $975 per week if you work in Nassau, Suffolk, or Westchester Counties
    • $885 per week if you work anywhere else in New York State
  • You are paid more than the above amounts per week, but you do not supervise other employees or exercise discretion or use your own judgment to make important decisions at work
  • You work at least 40 hours per week

Even if you have not requested overtime or have not reported your additional hours to your employer, the law still protects your right to receive time-and-a-half for the overtime times you work.

How to receive overtime pay

Enforcing your right to collect overtime wagesdoes not come without its challenges. Many employers try to force their employees to work off the clock without pay, which violates the law and deprives you of the compensation you deserve. Furthermore, if your employer makes you work without overtime pay for a continued period of time, they may also owe you back pay and additional compensation as damages.

If you are working more than 40 hours per week and believe that your employer is not paying you the overtime compensation you deserve, speak with an employment law attorney who can help put you on the path toward appropriate compensation.

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