The one thing that most people have in common, is having to work for a living. Everyone needs money to survive, and your wages at your job directly affect your quality of life. How do you know if your employer is paying you the right wages? Overtime can be an important part of your paycheck, and we understand that over time can be confusing for some employees. In fact, some employers aren’t giving you the proper amount of overtime that you deserve. Gary Falkowitz knows the New York overtime pay laws, and he can help you with your case. If you think that you aren’t receiving the right pay, we’re here to help. Contact our office today to set up an appointment to discuss your case. 


Frequently asked questions about overtime:

There are many regulations on your wages and your overtime. You have New York Minimum Wage Orders, as well as overtime requirements by the Fair Labor Standards Act. You should be receiving an overtime rate of 1 ½ time your normal rate of pay. Overtime should be paid for any hours over a traditional fulltime workweek (40 hours). There are other employees that will only receive overtime if they work over 44 hours a week, these are known as residential employees.  

Not every employee is entitled to overtime under the federal Fair Labor Standards Act but you could be entitled to overtime from the state through the New York State Labor Law. These employees are supposed to receive overtime that is 1 ½ time the minimum wage in New York State. So, it doesn’t matter what your regular rate of pay is, the overtime will always be determined off the state’s minimum wage. This can be difficult for many employees to understand, which is why you should contact an expert to help walk you through it. 


What are some jobs that aren’t eligible for overtime?

  • Administrative and Professional employees
  • Executive Employees
  • Salespeople
  • Taxicab Drivers
  • Babysitters and Camp Counselors
  • Some Individuals Working for Charities and Religious Organizations
  • Farm Laborers
  • Federal, State, or Municipal Government Employees

These are a few jobs that are not covered by overtime pay provisions. However, some employee contracts may offer overtime depending on the situation. 


What individuals are covered by New York State overtime?

If you are an employee, according to section 615(5) of the Labor Law, then you fall under the protection of this act. An employee is defined as an individual that is permitted to work by an employer in an occupation. Basically, you are hired by your company to perform the duties of your job. 

Employees of the local, state and federal government are not covered by state overtime requirements. There are some exceptions to this which include:

  • Private Schools
  • Charter Schools 
  • Charity Organizations (Not-for-profit)
  • Employees working for school districts that aren’t teachers


When does my employer owe me overtime?

As we mentioned earlier, whenever you work over 40 hours in a week you are entitled to overtime. So, if you work 55 hours, you are owed 15 hours at 1 ½ time your regular rate on your paycheck. 


What is my “regular rate”?

This is the hourly wage that you normally earn at work. If you make 10 dollars an hour, your overtime pay would be 15 dollars an hour (1 ½ time your regular rate). If you aren’t paid hourly, you’d divide the number of hours you normally work into your salary. 

If you have many different rates of pay, you would need to average all of your duties together to find out what your “regular rate” is. This can be very confusing, especially since there are payments that are not considered part of a regular rate. Some of which include:

  • Paying expenses for your employer
  • Bonuses
  • Gifts
  • Extra pay on the weekends and holidays
  • Payments for sickness, holidays, or vacation


Must overtime be paid for weekend, night, or holiday work?

According to the Labor Law, your employer doesn’t have to pay you extra for working at these times. Although, if you have an employment agreement where your company says they will pay you overtime, then they have to honor it. 


Do I get overtime because I worked longer than my scheduled hours?

If your boss asks you to stay late, you aren’t guaranteed overtime. Your boss could alter your schedule to leave early the next day. The only time that you are entitled to overtime is when you work over 40 hours in a workweek. 


What is a workweek?

A workweek is defined as a pay period of 7 consecutive days. So, you must work over 40 hours in a period of 7 days. 


I think I am missing my overtime, what do I do now?

As you can tell, this process can be incredibly complicated. Thankfully, there are lawyers like Gary Falkowitz to fight in your corner. If you are missing wages or overtime on your paychecks, you have a right to receive compensation. Contact us now to set up your free consultation.