My Boss Doesn’t Pay Overtime. What Should I Do?

Even though some employment laws are complicated, New York overtime law is fairly simple: if an eligible employee works more than 40 hours a week, he or she is owed overtime. Employees who are owed overtime can collect back pay for time they worked without proper pay. If your employer does not pay overtime, and you believe you are eligible for it, contact Phillips & Associates. Our New York overtime attorneys can help determine whether you are owed overtime and help you collect it from your employer.

Be Sure You are Owed Overtime

The primary law that governs overtime is called the Fair Labor Standards Act (FLSA). There are two basic components that determine if an employee is owed overtime under the FLSA: eligibility and hours. Most employees are entitled to overtime; these employees are classified as “nonexempt,” meaning that they are not exempt from overtime laws. Contrary to popular belief, this has little to do with whether an employee is paid by the hour. Employees paid on salary, hourly, or based on productivity can all be nonexempt and entitled to overtime.

Exempt employees are not entitled to overtime. Exempt employees are workers whose jobs fall into certain categories that are exempted in the FLSA from being eligible for overtime. Exempt categories include:

  • Executives;
  • Professionals;
  • Administrative workers;
  • Outside salespeople; and
  • Certain computer workers.

Remember that an employer cannot circumvent FLSA requirements by simply giving an otherwise-nonexempt employee the title of outside salesperson. Determining whether a person falls into an exempt category requires an analysis by an experienced employment attorney.

Assuming an employee is eligible for overtime, he or she must also work enough to be owed overtime. In New York, the only factor taken into consideration is how many hours an employee works in a workweek consisting of seven consecutive days. If the employee works more than 40 hours, the employer must pay the employee time-and-a-half, or 1.5 times the employee's usual salary. Although other states have different rules, the 40-hour rule is the only way to determine whether New York employees are owed overtime.

Document Your Work

If you are eligible for overtime and have worked more than 40 hours in a week, keep careful track of the time you work, even if your employer keeps track though a time clock. After you contact an attorney and have begun the process for collecting your back pay, it will be important to introduce evidence that proves the time you worked. Keeping track of this yourself is the best way to ensure that you are accurately paid for your work.

Fighting for Workers’ Rights

Eligible employees who work more than 40 hours in a week are owed overtime. It is that simple. If you have worked overtime and your employer has not paid you in accordance with the law, contact one of the experienced New York wage and hour lawyers at Phillips & Associates. We can help you determine whether you are eligible for overtime and how much you are owed. Call (212) 248-7431 or contact us online to schedule a free consultation.

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