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Can Employers Refuse to Pay Overtime in New York?

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As an employee in New York, you have certain rights regarding overtime pay. If you work more than 40 hours in a week, your employer must pay you overtime pay, which is at least 1.5 times your regular rate of pay. However, what happens if overtime is unauthorized? Can your employer refuse to pay you for that extra time worked? The New York wage and overtime lawyers at The Samuel Law Firm explain more below.

What is Regular Time Pay?

Regular time pay is the rate of pay that an employee receives for their standard hours worked in a week, which is typically 40 hours. This rate of pay is agreed upon between the employee and employer and is stated in the employee’s contract or agreement.

What Constitutes Overtime Pay Under New York State Law?

According to New York State Labor Law § 652, overtime pay is defined as any hours worked over the traditional 40-hour workweek. In New York, the overtime rate is 1.5 times the employee’s regular pay rate.

How Much Must an Employer Pay for Overtime?

As mentioned earlier, the overtime rate in New York is at least 1.5 times the employee’s regular rate of pay. This rate applies for time worked more than 40 hours.

Circumstances Where Employers are Required to Pay Overtime in New York

In New York, there are several circumstances where employers are required to pay overtime, regardless of whether the overtime was authorized or not. These circumstances include:

1. Overtime is required by law or a collective bargaining agreement.
2. Overtime is necessary to complete work that cannot be finished during regular working hours.
3. Overtime is needed due to an emergency situation.
4. Overtime is needed to accommodate a customer’s needs.

Can Employers Refuse to Pay Overtime if it was Unauthorized?

The short answer is no. Under New York labor laws, employers are required to pay their employees for all hours worked, regardless of whether the overtime was authorized or not. Even if an employer has a policy prohibiting unauthorized overtime, they still have a legal obligation to pay their employees for all hours worked.

What Should You Do if Your Employer Refuses to Pay Overtime?

If your employer will not pay you overtime, taking action is essential. You can file a complaint with the New York State Department of Labor or file a lawsuit against your employer. However, navigating the legal system can be complex and daunting, which is why it’s recommended to seek the help of an experienced employment law attorney.

The Samuel Law Firm is a leading law firm in New York that specializes in wage and hour law. Our team of experienced attorneys has helped countless employees recover unpaid wages and overtime pay. We have a deep understanding of New York labor laws and are dedicated to fighting for the rights of employees.

Your employer may have violated your rights by refusing to pay you overtime. If you believe this is so, contact The Samuel Law Firm today for a consultation. We can help you understand your legal options and guide you through the process of recovering the wages you’re owed.

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If you are looking for a personal injury attorney in New York, have a wage and hour claim or are involved in web accessibility litigation, consider Samuel Law Firm. Our attorneys are approachable and responsive, available 7 days a week to provide you with instant legal help and solid advice.