When you are on the clock, you expect that your New York employer will pay you for the hours you worked, including overtime hours. If you are an employee paid on an hourly basis, it is likely that you are eligible for overtime pay. This means you should receive time and a half for any hours you worked over your normal time.
Unfortunately, unpaid overtime is one of the most common types of unfair pay practices. Unless you are carefully tracking your pay, you may not even be sure that you did not receive the right amount of pay. It’s helpful as an employee to know your rights and know what to do if there is an infringement on your rights. If you suspect you are a victim of unpaid overtime or unfair pay practices, you have the right to fight for the full amount you deserve.
Are you an exempt employee?
It is in your interests to know whether you are actually eligible for overtime pay. Certain types of employees may not qualify, even if they work more than 40 hours per work. The following types of employees are exempt from overtime pay:
- Learned professionals – These are employees whose jobs require a highly specialized degree of learning and advanced degrees. This includes jobs that require a long period of specialized instruction before beginning this career.
- Executives – Executives or people who do work directly related to the management of the employer’s operations are not eligible for overtime pay. These employees typically have the authority to make important decisions and act on one’s best independent judgment.
- Creative professional – This includes people whose jobs require creative endeavors, imagination or talent in a specific field. This may include musicians, artists and others.
Employees who earn less than $455 per week or $23,660 per year are eligible for overtime pay if they work more than 40 hours per week. If you earn a salary or you make more than that amount, you are probably not eligible for overtime pay.
Fight for your rightfully earned wages
It is illegal for an employer to withhold wages that an employee rightfully earned. It may be necessary to pursue legal recourse through a civil claim to secure the full amount of pay you deserve. An assessment of your case with an experienced employment law attorney can help you understand the legal options available to you.