Are You Getting The Overtime Pay You Deserve?
So you’ve had a great couple holidays and now it is time to get back to work. After Thanksgiving, Christmas and New Years a lot of companies are kicking it into overdrive at the beginning of 2012. With the additional workload, I thought this would be a good time to go over some basic issues dealing with overtime pay in New York.
When it comes to overtime in New York and every other state, there are state and Federal laws in place providing protections for workers that put in more than 40 hours in a given week. The good news is that you get paid time and a half (sometimes more) for your hours worked over 40. The bad news is that if you fall under one of the exemptions, you will work more for the same pay.
Exemptions to overtime pay include: individuals who manage multiple employees, outside sales representatives and professionals such as doctors and lawyers. For those non-exempt employees that do qualify for overtime, it is imperative that you keep track of your time in order to ensure that you are not being cheated out of the money that is owed to you. Some illegal overtime pay situations to look out for include:
• Having to work off the clock: If you are at work and working, then it is always on the clock. Whether this takes the form of reporting less hours than you actually worked or your employer is not giving you your legally mandated meal breaks, there is an issue.
• Improper classification: There are many instances in which an employer will misclassify an employee so that he or she is not eligible for overtime pay. However unless you fall into one of the exemptions then you have a legal right to overtime.
• Mistakes in recording: I use the term “mistake” as a courtesy to employers. In reality, a lot of employers very purposefully mis-enter hours for an employee in order to skimp out on overtime payments. This is why it becomes so important to keep track of your time!
I have only highlighted some general situations to look out for. You have a legal right to get paid appropriately for your time. As a New Year’s resolution to yourself, be sure to check on the points I have highlighted and make sure you are getting the compensation you deserve.
