Overtime Pay for Hourly Workers
What is Overtime Pay?
Overtime pay is the compensation paid to an employee for the time worked over 40 hours in a single work week. For example, if an employee works 50 hours in a week, he should receive overtime pay for those ten extra hours worked in that week.
Are all Hourly Workers Entitled to Overtime Pay?
Hourly workers are typically entitled to overtime pay. There is one exception for highly paid computer employees, but otherwise most all hourly workers are entitled to overtime pay.
Does New York Law Require Overtime Pay?
Yes, the New York Labor Law requires that all "non-exempt" employees be paid overtime. If you are not paid overtime, the New York Labor Law provides penalties equal to 100% of the amount due in overtime in addition to legal costs and fees incurred in suing your employer to recover your overtime. For example, if you are owed $20,000 in unpaid overtime, you are entitled to recover double the amount due ($40,000) plus legal fees and costs.
What is the Hourly Overtime Pay Rate?
Overtime pay must be paid at a rate of one and one-half (1.5) times the regular rate of pay.
For example, an hourly employee who is normally paid $20.00 per hour would earn $30.00 per hour for all overtime hours worked. Here is the formula:
Regular Hourly Rate x 1.5 = Hourly Overtime Pay Rate
When Should I Get Paid for my Overtime Hours?
Employees who work overtime must be paid at the same time they received their regular pay check. Overtime must be paid in the same pay cycle as regular pay. For example, if you are normally paid every other Friday, your overtime pay must be included in your regular paycheck. If your overtime pay is delayed, the New York Labor code allows for penalties.
What Should I Do if my Employer will Not Pay me for the Overtime Hours I Worked?
You can report your employer to the New York Department of Labor. They have a task force and they may investigate your employer and order them to pay you. Or you can find an employment law firm like our firm that specializes in bringing overtime pay cases. Most of these law firms do not charge their clients until the end of the case and the payment comes from the amount recovered in settlement or verdict. Please feel free to contact us at 866-571-5010.
