You are at work all week making sure to put in your requisite 40 hours, but midweek you are told that you must work overtime. At first glance it can be a welcomed idea until you realize that you will only receive straight time for the time worked in excess of 40 hours and not time and a half. Though this scenario is troublesome, some people know it all too well while having to accept the pay that is given for overtime. However, depending on your position and the company you work for, not receiving overtime pay of your regular hourly rate and a half is illegal. If you or a loved one have been the subject to working overtime and not being paid the requisite amount of time and a half, contact an experienced New York overtime pay attorney.
Who is Required to Pay Overtime?
Though it may seem like every business that has employees should be required to pay overtime, this not the case. Only those businesses that are covered by the Fair Labor Standards Act (FLSA) are required to pay their employees their regular rates of pay plus half for all hours worked in excess of 40 hours in a work week. Even if a business is not covered, you may be covered under the FLSA individually, if you produce, receive, ship, transport, or load goods that move in interstate commerce, including guards, janitors, and maintenance employees who perform duties closely related to interstate activities. Independent contractors and professional workers may not be entitled to overtime pay.
What are the Overtime Laws?
Overtime laws can seem straightforward, but employers often violate these laws. If you or your employer are covered by the overtime laws, your employer must pay you one and half time your regular rate of pay for all hours worked in excess of 40 per week. For example, if your hourly rate is $10 an hour and you exceed 40 hours, the additional time worked must be paid at a rate of $15 an hour for each hour in excess of the required 40. Though criminal charges are rare for employers who do not pay overtime to their employees, the FLSA does contain criminal penalties for repeat offenders. Lastly, if your employer fails to pay you overtime, you have the right to back pay and double damages, as well as being able to bring a lawsuit on behalf of you and other employees who have fallen victim to this violation.
Need Legal Advice?
You work hard for your money and you work even harder when you work beyond your requisite 40 hours. Therefore, you have a right to be paid adequately for the overtime put in depending on what type of worker you are considered. If you or a loved one believe that you have a case against an employer for the failure to pay you overtime contact The Law Offices of Joseph & Norinsberg at 212-JUSTICE or email@example.com to determine whether you may have a case. We are dedicated to fighting for you.