FAQ about overtime pay in New York

On Behalf of | Dec 8, 2022 | Wage And Hour Claims

If you work in the state of New York, the overtime rules may be somewhat confusing. Below are some common questions from employees regarding New York’s overtime laws.

What can I do if my company doesn’t pay the overtime they owe me?

Go to your nearest Department of Labor office and file a claim for unpaid overtime wages. Investigators will review your claim and, if the facts align, they can help you receive the money that’s owed to you. The lookback timeframe is two years, so that can really add up. You can also seek the help of a legal advocate.

At what point in my hours does overtime kick in?

In most industries and positions, employees qualify for overtime pay once they have worked more than 40 hours in one week.

How is overtime pay calculated?

To figure out how much overtime pay you should be receiving, multiply your hourly by 1.5, e.g., $10 per hour is $15. Then, multiply that sum by the number of hours over 40 you worked that week. That total is what you should receive in overtime pay.

Can salaried employees get overtime pay?

It’s a myth that employees who draw salaries instead of hourly wages are always barred from collecting overtime pay. It’s possible that you could qualify for time-and-a-half under certain circumstances.

Can my boss make me work overtime?

Your employer sets the terms for your continued employment with the company. That includes the lengths of your shifts. Some Industries – health care and transportation for example – have their own restrictions and regulations. If you are unable to work a required shift that includes overtime, the company may be within its rights to fire you. However, speaking with an employment law attorney can validate this.

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