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Do you have a right to overtime pay from your employer?

New York employees have the right to expect fair pay from their employers. This includes rightful pay for time worked and, in some cases, overtime pay for extra hours worked. There are laws in place that outline the rights of employees, yet some employers still neglect to give their workers the full amount they've earned. Often, this includes failing to pay overtime wages.

If you worked overtime hours but did not receive overtime pay, what should you do? Can you confront your employer about it or fight to get the full amount you've earned? It may help to start by learning more about your rights and to find out if you are eligible for overtime pay. This information can help you in your fight to secure the full amount of money you've earned.

Are you eligible?

In order to find out if you qualify for overtime pay, you will need to know if your employer must abide by the terms of the Fair Labor Standards Act. This is a federal law that outlines the rights of certain employees to get overtime pay and other benefits. However, the FLSA does not apply to all employers. You also need to know if you are a nonexempt employee. In order to be a nonexempt employee, the following must apply to you: 

  • You earn less than $23,600 per year.
  • You do not earn a salary.
  • You do not have to perform management-level duties as part of your job.

If the following apply to you, it is likely that you are a nonexempt employee, which means that you are eligible for overtime pay per the terms of the FLSA. There are limits to the protections provided by the FLSA, and they don't cover all types of employees. It will be helpful for you to first learn whether you qualify for overtime pay before moving forward. 

What's next?

If you are eligible for overtime pay and you did not receive it from your employer, you have the right to pursue what you rightfully earned. Through legal action, you can hold your employer accountable for unfair employment practices and compel payment. As you can imagine, this can be a complex and overwhelming process. You may find great benefit in seeking the guidance and support of an experienced attorney from the very beginning of your fight for rightful pay.

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