Most people do not want to work overtime unless they are earning overtime pay. Under New York law, which incorporates the Fair Labor Standards Act (FLSA) which is federal law, overtime must be paid at a rate of 1.5 times the regular rate of pay for all hours worked over 40 hours in a given workweek. This can add up quickly and really help a family. But this can really hurt an employer’s bottom line, and some employers will block overtime pay. If your employer is blocking your overtime pay, what are your overtime rights? Our NYC overtime lawyer explains.
First Step: Do You Fit an Overtime Exemption?
Demanding overtime pay from your employer can be a sensitive topic. Some do not like to address the issue of pay. Making a comment that an employer owes you money which he or she has not fully paid you can also be very awkward and great a rift. This is why the first step in determining your rights to overtime in New York is to confirm you have overtime rights.
Yes, you may not be entitled to overtime in the first place!
This is because New York Labor Law section 651 creates an exemption for certain individuals who are not entitled to overtime, including government workers, administrative employees, professionals, executives, certain religious members, camp counselors, tax drivers, and many others.
Thus, the first step should also be to ensure you have overtime rights before you potentially create an issue with your employer when you do not actually have those rights.
