Has your boss made you work overtime hours without overtime pay just to make the budget look better or to please a penny-pinching senior management? If so, there are laws to protect you from working those 40+ hours with no extra compensation and there are laws to punish the corporate misers who are making you work those extra hours with no overtime pay.
Fair Labor Standards Act (FLSA)
The Fair Labor Standards Act (FLSA) of 1938 is a federal law passed by Congress that protects the rights of workers and ensures they receive fair wages. When employers fail to compensate employees overtime pay, they can be held accountable in a court of law. Under FLSA, all (non-exempt employees) must be paid time-and-a-half for any overtime hours they worked above the normal 40-hour work week. When the law was created in 1938, it was supposed to encourage employers not to overwork their employees and hire additional personnel as well as reward employees with a higher wage when they worked extra time. All New York workers are protected by the Fair Labor Standards Act (FLSA) and New York Labor Law.
More Workers May Qualify for Overtime
The Obama administration is working to change labor rules that may extend overtime benefits to approximately five million people across the United States. The proposed changes would increase overtime eligibility to 970 a week in 2016. Therefore, employees who earn a yearly salary of $50,440 or less will qualify for overtime pay.
New York Overtime Law
According to New York Overtime Law, not all workers qualify for overtime pay. Many employees are considered exempt from New York Overtime Law because of the nature of their work. Blue-collar workers are not the only ones eligible for overtime according to New York Overtime Law. New York workers are exempted from overtime pay if they work 80% or more performing professional, administrative or outside sales tasks.
New York Overtime Law allows overtime pay for other workers, including professionals and administrative employees who have other duties for more than 20% of their work hours. In New York, employers are required to pay any non-exempt employee overtime when he or she works more than 40 hours in a regular workweek. New York Overtime Law does not require a company to pay workers overtime for weekend or holiday work unless those assignments create more than 40 hours a week for the employee. Furthermore, employers are not required to pay double time for any number of hours worked.
How Employers Break the Law
Often employers try to avoid paying employees overtime, by classifying a position exempt from overtime, when the position should not be exempt from overtime pay under New York Overtime Law. Sometimes employers will bank time or limit employees’ work hours for the following week to avoid paying overtime. Employers are breaking the law when they bank time or limit employees’ work hours. Under New York Overtime Law, overtime is determined on a weekly basis. Employees need to know their rights regarding overtime pay and wage violations.
Get Legal Help and Advice
If your employer (or former employer) has violated your right to a fair and decent wage or refused to give overtime pay, you may be entitled to compensation. Please contact the Law Offices of Joseph & Norinsberg. Their overtime lawyers will provide an honest assessment of the strengths and weaknesses of your case. If your case merits going to court, the attorneys at the Law Offices of Joseph & Norinsberg will work diligently to help you find the justice you deserve. Contact the Law Offices of Joseph & Norinsberg at (212) JUSTICE or at [email protected] for a free initial consultation.
