One of the most frustrating things for an employee is not getting paid the proper amount of wages from their employer.  Many times, an employer may try to use their leverage as the boss of the employee and not count all of the hours an employee is owed, add unnecessary or illegal deductions, or may not pay the employee their proper overtime wages.  Many employees are afraid to say anything to their employer for fear of losing their job or being retaliated against.  Luckily, however, there are specific laws set in New York to protect workers and employees like yourself.

According to the Fair Labor Standards Act, eligible employees must receive overtime compensation.  For covered employees, this usually includes 1.5 times their regular rate, when working more than 40 hours in a week.  For residential employee or “live-in” workers, this is 1.5 times their regular “straight-time” hourly rate of pay for all hours over 44 in a payroll week.

Some employees under the Fair Labor Standards Act are not eligible for overtime and are considered “exempt employees.”  Some of these exempt jobs may include:

  • Commissioned Sales Employees
  • Certain Computer Professionals paid at least $27.63 per hour
  • Certain Drivers, Driver’s Helpers, Loaders, and Mechanics
  • Certain Farmers
  • Salesmen, Partsmen, and Mechanics
  • Employees Employed by Certain Seasonal and Recreational Establishments
  • Salaried Executive, Administrative, Professional and Outside Sales Employees

Please note that this list above is not exhaustive and is just a small glimpse into what jobs

and positions are considered exempt from overtime under the Fair Labor Standards Act.  It is highly advisable that you talk with an experienced New York overtime lawyer who can explain the different legal nuances of what is considered exempt and whether you are an eligible employee under the Fair Labor Standards Act.

You should also be aware that every case is different and that the NYC overtime law may differ from case to case.  Your legal overtime issue brings forth its own unique set of facts and you will need an experienced New York overtime lawyer to apply the law to your scenario to see if you have a viable case.

Furthermore, discussing your case with a reputable and knowledgeable New York overtime attorney is often a free consultation.  Accordingly, before you approach your employer, you’ll want to have a consultation with an New York overtime lawyer to determine not only whether in fact you have a case and qualify for overtime, but also what the chances of you are in succeeding in your case.  Knowing your legal and overtime rights is very important to an employee and having a consult with a lawyer will help you with this.

Do you work at a business where there are overtime issues at work?  We would love to hear more about your experiences with overtime in the workplace.

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