EMPLOYMENT SERVICES
Unpaid Overtime
As the American workday becomes longer, some employers try to avoid paying their workers for overtime hours. Many workers mistakenly believe that because they received tips, or were “on salary,” that overtime laws do not apply to them. However, if you work over 40 hours per week, even if you are on salary, chances are you are entitled to time and one-half overtime for every additional hour. You may also be entitled to liquidated or double damages for overtime violations. Recognizing employees’ rights to lawfully earned overtime, the New York City employment lawyers at Fitapelli & Schaffer, LLP have been instrumental in both recovering significant overtime compensation for our clients and compelling employers to change illegal practices.
- If you are paid hourly, you must be paid time and one-half your hourly rate for all hours over 40 per week. For example, if your hourly rate is $10 per hour, your overtime rate is $15 per hour.
- If you are paid only straight time instead of time and one half, you will be entitled to the difference between what you were paid for overtime hours worked and what you should have been paid.
- Your company cannot offer you “comp time” or time off instead of paying you the proper overtime rate.
- Many salaried employees who earn less than $100,000 per year are entitled to overtime pay.
- Salaried employees are often led to believe that they can be made to work overtime hours for no extra pay by companies that misinterpret the law, or deliberately try to underpay employees.
- If you are a salaried employee working overtime hours, a good practice is to keep track of the hours you work, by creating a journal or calendar. This may help you demonstrate the amount of hours you were working.
- Remember that companies often give employees titles such as “vice president” or “manager” to avoid paying overtime. Your title does not dictate whether or not you are eligible to receive overtime pay.
- Examples of salaried employees who are typically entitled to overtime pay include, but are not limited to: Back office financial employees, account executives, analysts, researchers, customer service, computer help desk and trade support employees.
