Am I entitled to NY overtime pay? Both the New York overtime pay laws (New York Minimum Wage Act) and the Federal Fair Labor Standards Act (FLSA) require that employers pay overtime to those individuals who are not “exempt” from the overtime requirements. A non-exempt employee must be paid time and a half for all hours worked over 40 in a given week. It is important to determine whether you are a “exempt” or “non-exempt” employee.
Even if your employer pays you a salary, calls you an “executive” or “manager”, or tells you that you are exempt, you may still be entitled to overtime compensation. According to recent studies, the majority of employees today are entitled to minimum wage and overtime pay and many employers misclassify their employees for their own benefit. It is therefore critical that you understand the laws regarding overtime and what you are entitled to under the law.
Employers in violation of the New York Minimum Wage Act and the FLSA can be forced to provide their employees with the overtime money they are owed in addition to attorney fees and court costs. A two-year statute of limitations applies to most actions under FLSA, though the time to act is increased to three years if the employer’s violation was willful, and not simply negligent.
If you feel you have been wrongly classified as an exempt employee or that you are otherwise due overtime, contact us today.