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Do Employers Have to Pay Overtime?

If you work long hours in New York, you may wonder if you are being paid fairly. Overtime laws apply to most workers, but when exactly does overtime kick in and how much should someone be paid? Who is exempt from overtime laws?

Overtime often applies to hourly workers and is based on the number of hours you work in a given workweek. The workweek does not have to be based on the calendar. For example, some employers use Monday through Sunday as their workweek. For others, it may be Saturday to Friday. In any case, a workweek must encompass 168 hours, or seven consecutive days.

If you work more than 40 hours in a workweek, and you are not exempt, then you are eligible to receive overtime pay. Overtime pay is time and a half for any hours worked above 40. For example, if you earn $20 an hour and worked 45 hours in one week, then you would earn $20 an hour for the first 40 hours and then $30 an hour for each of the five additional hours. If you are a residential or live-in worker, like a nanny, then overtime is based on a 44-hour workweek.

Who is Exempt?

Under federal law, certain classifications of workers are exempt from overtime pay. They include commissioned salespeople, drivers, loaders, mechanics and seasonal employees. Babysitters, taxi cab drivers, camp counselors and college students are included. Executive, professional and administrative employees who are paid on a salaried basis are also exempt, as are certain computer professionals who earn more than $27.63 per hour.

What to Know About Overtime

By the end of 2019, all employees must be paid at least $15 an hour in New York, which means the minimum overtime wage will be $22.50 an hour. Overtime is not based on working more than eight hours in one day. While some states do pay overtime in situations where employees work in excess of eight hours per day, New York bases its overtime laws on the weekly number of hours. This means that an employee may not necessarily receive overtime for working a 12-hour shift, for example, although workers may have contracts that allow for additional pay under these circumstances.

An employee does not automatically receive overtime pay for working nights, weekends or holidays. They are required to receive overtime pay, however, if they work these shifts and their hours exceed 40 in one week.

It is common for employers to not pay tipped workers, such as restaurant workers, overtime pay. If you work in the service industry or in any other position where tips are common, make sure you are getting paid fairly.

Contact a New York Wage and Hour Dispute Lawyer

Overtime laws in New York can be complex. Some workers are eligible, while others are not. If you believe you are not being paid fairly, seek legal help.

The attorneys at Ricotta & Marks, P.C. can help you understand your legal rights and ensure you are being paid fairly. We understand the law and can address your concerns. Give us a call at (347) 464-8694 to schedule a free consultation.

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