Most employees are entitled to receive one and a half (1½) times their regular hourly rate of pay for work performed in excess of forty hours per week. All time worked must be counted in calculating overtime including, all work activities and activities before and after a shift, as well as work done at home. Activities performed before assigned shifts, such as logging on to computer systems, programs, and applications, dressing in required clothing or protective gear, or preparation and/or inspection of machinery, tools, equipment or supplies are counted in determining whether the employee is entitled to overtime wages. Similarly, answering emails and texts from home is considered hours worked for purposes of calculating overtime. Failure to pay overtime in New York is illegal. Contact an experienced employment lawyer today for a free consultation.
Some employers fail to pay overtime because of misclassification of jobs as exempt from the federal or state wage and hour laws. This may be the result of wrongful application of the complex tests prescribed under applicable laws or regulations or failure to consider deductions from pay. Just because your employer tells you that you are not entitled to overtime does not make it so.
If you believe you have been denied overtime pay, you should contact an attorney experienced in wage and hour claims.