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Unpaid Wages and Overtime

Most workers are entitled to receive overtime pay, but some are not. If you feel you are entitled to, but have not received overtime, wages or other compensation, our experienced NY employment lawyer can help you get the compensation you are entitled to.

Generally, employees covered under the Fair Labor Standards Act ("FLSA") who work more than 40 hours in any given payroll week are entitled to overtime pay under New York and federal law. Regular overtime must be paid at a rate of one and one-half times a worker's regular hourly rate of pay.

For residential employees ("live-in" workers), the overtime rate applies to all time over 44 hours in a payroll week.

The overtime requirement is based on hours worked in a given payroll week. In other words, you must work at least 40 hours in a given workweek to receive overtime under New York and federal law. This means that you are not entitled to overtime (be it time and one-half, double-time, or any amount higher than the agreed rate) simply because you worked more than eight hours per day or you worked on a Saturday or Sunday.

Some workers are exempt from the Fair Labor Standards Act ("FLSA"), and thus, are not entitled to overtime pay. These workers include:

  • Independent contractors;

  • Executive, administrative, and professional employees who are paid a salary and have certain job duties;

  • Volunteers;

  • Outside salespeople;

  • And certain computer specialists (such as systems analysts, programmers, and software engineers) who earn at least $27.63 per hour;

Contact our office if you think you are entitled to, but have not received overtime pay and an experienced New York Overtime lawyer will be happy to assist you.