Am I entitled to NY overtime pay? Both the New York overtime pay laws (New York Minimum Wage Act) and the Federal Fair Labor Standards Act (FLSA) require that employers pay overtime to those individuals who are not “exempt” from the overtime requirements. A non-exempt employee must be paid time
OVERTIME VIOLATIONS Unless you are specifically classified as an “exempt” worker, your employer must pay you overtime wages for any hours you work over 40 hours in a workweek (see this prior blog entry). Your employer must pay overtime wages at a rate of at least one and one-half times
The Fair Labor Standards Act entitles nearly every employee to time and a half for hours worked over 40 in a workweek — including to people paid a salary rather than an hourly wage. Although research suggests that 80% of employees are entitled to overtime, about 70% of employers are
Most employees are entitled to receive one and a half (1½) times their regular hourly rate of pay for work performed in excess of forty hours per week. All time worked must be counted in calculating overtime including, all work activities and activities before and after a shift, as well
I. Misclassification as Exempt Under the federal Fair Labor Standards Act (“FLSA”) some employees are exempt from receiving (or are not entitled to) overtime pay. However, unless you qualify for one of the overtime exemptions, it is likely your employer should be paying you one-and-one half times your regular rate
How do I calculate Overtime Pay? Just because your boss tells you that you are not entitled to overtime does not make it true. Countless people are misled into believing that they are not entitled to overtime. To determine how much you might be owed, calculate as follows: If you
NY Overtime Lawyers New York Overtime rules provide that you are entitled to overtime in New York for any amount of time worked over 40 hours. Specifically, you are entitled to 1.5x your hourly rate for any overtime in excess of 40 hours. If you have been denied overtime in
In March, 2013 Eleventh Circuit Court of Appeals held that “there is nothing in the [Fair Labor Standards (“FLSA”)] that would allow us to conclude that undocumented aliens, although protected by the Act, are nevertheless barred from recovering unpaid wages thereunder.” Lamonica v. Safe Hurricane Shutters, Inc. An undocumented alien’s
Maybe. Just because your employer pays you a salary does not necessarily mean you are ineligible for overtime. In other words, you may be entitled to receive overtime even if your employer tells you that you are not. Whether or not an employee is entitled to overtime depends on the
It happens. Sometimes you end up working through lunch. Your boss is pressed for time on a deadline and needs you to lend a hand. When this happens, though, you should be compensated appropriately for your time. Unfortunately, that was not the case according to Carla Muskrath. After more than
