Since you started working for pay, you may have been under the impression that any time you work more than 40 hours in one week, you are entitled to overtime pay. While this is a common belief, it’s not necessarily true. Overtime laws vary from state to state. The laws also exempt certain occupations, so it can be confusing to know whether or not your job is eligible for overtime pay.
On top of that, many employers engage in schemes to prevent workers from getting the pay they are legally entitled to receive. They may outright tell employees that they do not pay overtime. They may also misclassify employees and consider them contractors to avoid paying overtime.
If you believe you are entitled to receive overtime pay, but your employer tells you otherwise, you may be able to file a claim for unpaid wages. How does overtime work? Read on to learn more about New York’s overtime laws.
New York Overtime Pay Law
Most employees are eligible to receive overtime pay at the rate of one and a half times their regular rate of pay when they work more than 40 hours in a workweek. For example, a person who works 42 hours and earns $14 an hour would be paid $14 an hour for 40 hours, and $21 an hour for two hours. Certain residential employees receive overtime pay at the rate of one and a half times their regular rate of pay when they work more than 44 hours in a workweek.
This may seem easy enough, but there are some exceptions. Many occupations are exempt from overtime pay. These include executive, administrative, and professional employees. Those who work for the government are also excluded. Outside salespeople, farm laborers, taxicab drivers, camp counselors, part-time babysitters and those who work for churches or charities are also not eligible to receive overtime pay.
Any worker, excluding those in the occupations above, who is classified as an employee is eligible for overtime pay. This means that independent contractors and freelance workers are excluded.
To be clear, the definition of a workweek is seven consecutive 24-hour periods. It does not have to be Sunday through Saturday. Each employer is different.
Also, overtime pay is not required for holiday, night, or weekend work. However, if the employees work hours extend beyond 40 because he or she took on extra work and worked on a Saturday, for example, then the employee would be entitled to overtime pay.
Contact a New York Unpaid Wages Lawyer
We work hard for our money. All employees are entitled to receive the money they earned. Overtime laws can be confusing, and it is important that New York workers understand the facts.
Many employers purposely avoid paying employees overtime. Have you been affected? If so, the experienced New York employment law attorneys at Ricotta & Marks, P.C. can help. We understand New York wage laws and can help you receive any back pay you are owed. Schedule a free consultation today by calling our office at (716) 301-2704.
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