Some of the common questions New York employment and labor law attorneys have heard on a constant basis when discussing overtime and the pay that comes along with it include: “Do I have to work overtime even though I don’t want to?” “Is my employer required to pay me time and a half for overtime?” “Who is exempted from receiving time and a half pay?” With these only highlighting some of the common concerns citizens have, labor lawyers are here to provide some insight and clarification that can hopefully help you better understand what your position is when it comes to overtime pay.
It is because of the the Fair Labor Standards Act, or FLSA, that allows employees the right to be paid the minimum wage set forth in their state’s laws, as well as receive pay equivalent to time and a half when working over 40 hours in a week. According to paysacale.com, under Section 13(a)(1) of the Act, there are those positions in the work field that do not necessarily reap the benefits of the FSLA per se. For example, those employed in an “executive, administrative, or professional” position is not necessarily “covered by these requirements.”
Labor and employment law legal representatives identify some of these employees as:
- Insurance claims adjusters
- Outside sales positions
- Computer employees
- Newspaper reporters
One misconception many workers believe is that just because they are salaried employees, they are not necessarily expected to be paid for the overtime worked. Employment law lawyers remind you that although each and every situation is based on your own personal contract, and should you be in charge of over-looking and managing other employees, you may very well not be entitled to that pay. On the other hand, there are some employees who fit the profile and should in fact receive time and a half pay.
Another common case labor and employment attorneys in New York handle is the misunderstanding between employee and employer. Should your boss ask you to work a set amount of hours, however, does not identify that it will put you over that 40-hour mark, they cannot deny you your rightful overtime pay stating that it was your responsibility to acknowledge this and bring it to their attention. In fact, often times administrators will ask you to work more hours than you normally do, and then turn around and refuse to compensate you. In this case, not only is it considered theft, but also illegal for them to do so.
As legal professionals in New York recognize that each case involving overtime is subject to your contract, and current agreement with your employer, it is important to be aware of whether you are being unfairly treated when it comes to your required compensation.
If you are in search of legal advice regarding your current situation involving your employer and their lack of paying you for the overtime worked, USAttorneys features employment and labor attorneys in the state of New York who can assist in investigating the terms of your contract, and what you are in fact entitled to.