Employees deserve to be paid the money they’re due for the hours they put in. For some employees, this means being paid overtime. Because overtime pay is higher than normal hourly pay, some employers try to get away with not having to pay it.
Federal and New York laws are very specific about who is entitled to overtime pay and when it must be paid. Employees should understand these legal distinctions so that they can receive the pay they’re due for their hard work.
Overtime pay rate
Overtime pay is set at 1.5 times the employee’s normal hourly rate, according to federal law. New York law only requires that overtime is paid at 1.5 times of the state’s minimum wage, not the employee’s normal hourly rate. This means that employees who make more than minimum wage will still be paid 1.5 times their normal hourly rate as long as the employer meets the requirements set by the Fair Labor Standards Act.
Calculation of hours
For the majority of workers, anything worked over 40 hours in one week is considered overtime. There is an exception for some domestic or residential workers who are due overtime after 44 hours in a single week. This is based on a standard calendar week. Employers can’t use an averaging system where they average out the time an employee works for two or more weeks to determine if overtime is required.
Employees who aren’t paid overtime in accordance with the law have opportunities for legal recourse. Seeking the assistance of someone familiar with this area of law can be beneficial so they can ensure their case is being presented appropriately.
