new york overtime pay

Am I Entitled to Overtime if I am on Salary?

Maybe.

Just because your employer pays you a salary does not necessarily mean you are ineligible for overtime.  In other words, you may be entitled to receive overtime even if your employer tells you that you are not.

Whether or not an employee is entitled to overtime depends on the following factors:

  • First, you must make at least $455 per week. 
  • Next, you must be treated like a salaried employee – you cannot get docked for working less in a given week.  You must get paid the same every week, no matter what.
  • Finally, there is the nature of the work you do.  The more responsibility (and less supervision) you have, the more likely it is that you are not entitled to overtime.  And vice versa.

Confused?  Curious?  Just want to chat?  Contact us.  An employment lawyer is standing by to speak to you right now.

Paralegal Sues Bankruptcy Firm Over Wrongful Termination

It happens. Sometimes you end up working through lunch. Your boss is pressed for time on a deadline and needs you to lend a hand. When this happens, though, you should be compensated appropriately for your time. Unfortunately, that was not the case according to Carla Muskrath. After more than four years working as a paralegal for California bankruptcy law firm, Simon Resnik & Hayes LLP, Plaintiff was fired and has filed a wrongful termination lawsuit as a result. According to Ms. Muskrath’s allegations, her employer forced her to work through her lunch break and did not compensate her by paying her overtime. In accordance with the Fair Labor Standards Act, employers are required to pay one and a half times an employee’s hourly wage if he/she works more than 40 hours in a week. Ms. Muskrath claimed that during her time at Simon Resnik & Hayes LLP, she was entitled to overtime pay for her work during lunch. When she finally decided to stand up to her employer and begin taking her scheduled 30-minute lunch, she was retaliated against. Plaintiff was promptly fired.

In response, Ms. Muskrath filed a wrongful termination law suit in the Los Angeles County California Superior Court. In her claim, Ms. Muskrath indicates that in addition to not compensating her for overtime, the employer did not keep records of all of the hours that she worked.

It is unfortunate, but these situations occur frequently. Retaliation and wrongful termination can lead to financial and emotional stress. If you feel that you have been wrongfully terminated, contact the experienced NY employment law firm of Granovsky & Sundaresh. You may be entitled to monetary compensation, medical benefits, attorney fees, and more.

Courts Rule Alien Workers Have Rights Under FLSA

In March, 2013 Eleventh Circuit Court of Appeals held that “there is nothing in the [Fair Labor Standards (“FLSA”)] that would allow us to conclude that undocumented aliens, although protected by the Act, are nevertheless barred from recovering unpaid wages thereunder.”  Lamonica v. Safe Hurricane Shutters, Inc.  An undocumented alien’s “ability to recover unpaid wages under the FLSA does not depend upon his immigration status.” Four months later, on July 29, 2013, another federal appellate court, the Eighth Circuit Court of Appeals ruled that, “aliens, authorized to work or not, may recover unpaid and underpaid wages under the [Fair Labor Standards Act].”Lucas v. Jerusalem Cafe, LLC.

The United States Department of Labor’s policy was and is to enforce the FLSA “without regard to whether an employee is documented or undocumented.”

Although it is still unclear to the exact extent that these rulings will affect illegal alien workers, one thing is clear: the FLSA protects alien workers from being underpaid or unpaid.

Am I Entitled to Overtime?

Most employees are entitled to overtime if they work over 40 hours/week.  Just because you are paid a salary does not mean that you cannot get overtime.  Nor can your company offer you “comp time” instead of paying you.  If you are entitled to overtime, you must be paid time and a half for any week you work over 40 hours. You are not entitled to overtime if:

You are an executive: This means your weekly salary is at least $455, and your primary job duty is managing the company or a department/subdivision.  You must also to supervise at least two full-time employees, and have the authority to hire/fire them, or at least make recommendations on hiring/firing.

You are an Administrator: This means your weekly salary is at least $455, and your primary job duty is office or non-manual work directly related to management or business operations.  Your job must involve using discretion and independent judgment regarding matters of significance.

You are a “Learned Professional”: This means your weekly salary is at least $455, and your primary job duty is performing work requiring advanced knowledge, predominantly intellectual, and the consistent exercise of discretion and judgment. For example, doctors, and registered nurses are learned professionals.

You are a “Creative Professional”:   This means your weekly salary is at least $455, and your primary job duty is requires invention, imagination, originality or artistic talent.

You are a “Computer Employee”: This means your weekly salary is at least $455 you are a computer systems analyst, computer programmer, software engineer or other similarly skilled worker in the computer field.  Your primary job duty must be applying systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications; or design, development, documentation, analysis, creation, testing or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications; or design, documentation, testing, creation or modification of computer programs related to machine operating systems; or a combination of these.

You are an outside sales professional:   This exemption applies where the primary job duty is making sales, obtaining orders or contracts for services or use of facilities and you regularly work away from the company’s place of business.

You are a highly-compensated employee: People who make over $100,000 a year are generally exempt from overtime.

You are a motor carrier: Drivers, driver’s helpers and mechanics (as well as others involved in vehicle safety or a motor vehicle used as transportation, the FLSA does not apply to you and the relevant law is the Federal Motor Carrier Act.

These are some of the main exemptions but there are many more.

If you think that you have been denied overtime, please contact us.  At attorney from our firm will get back to you within 24 hours.

NY Overtime Lawyers

NY Overtime Lawyers New York Overtime rules provide that you are entitled to overtime in New York for any amount of time worked over 40 hours.  Specifically, you are entitled to 1.5x your hourly rate for any overtime in excess of 40 hours.  If you have been denied overtime in New York, you may be entitled to additional damages beyond the wages that are already owed to you. New York Overtime Rules also provide for numerous exemptions.  For example, administrators, executives and professionals earning a minimum of $455 per week are exempt and not entitled to overtime.  But often, employers misclassify employees and tell them that they are exempt from overtime when they are not. Our NY Overtime Lawyers can help.

New York Overtime Rules are very complicated.  If you have not been paid overtime for any reason, please contact a NY Overtime Lawyer at our firm for a free initial consultation.  Know your rights!