Both the Fair Labor Standards Act (“FLSA”) and the New York Minimum Wage Act (“NYMA”) generally require the payment of overtime wages for work performed after 40 hours per week. For some general information on overtime and misclassification issues, please see our prior blog posts here, here and here. The
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
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
Do I have an overtime claim? If you think that you may have an overtime claim, chances are that you do. Below are a few frequently asked questions about New York Overtime Law that can help you to determine whether you have an overtime claim or a claim under the
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
Overtime Law Basics Basics – Five Common Misconceptions About Overtime Law This is the first in our ongoing series of overtime law basics. Below, we go through some of the most common misconceptions about overtime law. You should educate yourself about your rights as an employee. Especially when it comes
