Am I Entitled to Overtime? Some Things to Consider...

The Fair Labor Standards Act entitles nearly every employee to time and a half for hours worked over 40 in a workweek -- including to people paid a salary rather than an hourly wage.  Although research suggests that 80% of employees are entitled to overtime, about 70% of employers are not properly paying employees. Please contact us if you believe you are improperly being denied overtime.

Below are some things to consider in deciding whether or not you are entitled to overtime:

  1. Salaried and hourly employees are entitled to overtime.  Whether or not an employee is entitled to overtime comes down to their duties, not how they are paid.  It is a common misconception that salaried employees are not entitled to overtime.
  2. If you work “off the clock” you are entitled to overtime pay.  If you come in early, work late, work through lunch, or work from home, you are entitled to compensation for all hours worked.
  3. Your employer cannot substitute “comp time,” “flex time” or “vacation time” for overtime.  You earned the money, and employer cannot offer up extra time off or other perks instead of paying you.
  4. You must be paid for overtime, even if the overtime is not approved.  Even if your employer instructs you not to work beyond 40 hours, you are entitled to pay for all time worked.  You may be disciplined for not following the orders of your employer, but you must be paid for all time worked.
  5. Employers must pay time and a half for hours over 40 in a week.  Some employers only pay straight-time for hours over 40.  This is illegal.
  6. Employers frequently misclassify employees as exempt.  Employers frequently misclassify employees and employees believe them.  Speak to one of our NY Overtime Attorneys to help determine whether or not you were misclassified.

Please also take a look at our prior posts on overtime issues, here, here, here, here, and here.