Overtime in New York

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You are invited to call this law office at 917-719-1102 to speak with a lawyer at any time about your wage concerns, day or night. The consultation is absolutely free.

Are You Paid Overtime?


Generally, employees are to be paid one and a half times their regular hourly rate for every hour worked over 40 hours in a workweek. If you are receiving a salary, you are not automatically disqualified from overtime. The analysis is far more complex. These types of misconceptions lead to underpaid or unpaid overtime premiums.

If your overtime hours have been unpaid or underpaid, you may have a serious wage theft claim. The chart below demonstrates how overtime is calculated by using the minimum wage rate in New York State as an example – you may actually be entitled to receive more than the amount provided in the example.

What Damages Can An Employee Recover?


Under the Labor Law of New York State, employees may recover the full amount of any overtime underpayment due for the past six (6) years, as well as reasonable attorney’s fees, prejudgment interest, and liquidated damages that may amount to 100% of the total wages owed. Employees may recover money for additional claims discovered by this law office, including claims for minimum wage violations, illegal deductions, notice violations, and other unlawful employer conduct.

Overtime Example


Let’s assume for the purpose of this example that you earn minimum wage in New York State, which will be at least $9.70 per hour on December 31, 2016. You multiply $9.70 by 1.5 to calculate the overtime rate. The resulting overtime rate is $14.55. The chart below illustrates the process.

Converting to Overtime
STEP ONE: DETERMINE THE REGULAR HOURLY RATE
Determine your regular hourly rate. Generally, the amount that your employer agrees to pay you per hour is your regular hourly rate, but not always. Let’s assume $9.70 per hour is your regular hourly rate.

STEP TWO: CONVERT TO OVERTIME RATE
Multiply $9.70 (the regular hourly rate) times 1.5, and the result is $14.55 as the hourly overtime rate.

STEP THREE: CALCULATE OVERTIME WAGES
Multiply $14.55 by any hours (or fractions of an hour) that are worked over 40 in a workweek. If, for example, 45 hours is worked in one week, and the employee is eligible for overtime, the total of $72.75 should have been paid for the 5 hours of overtime based on this example.

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Telephone: 917-719-1102.

* All of the figures in this article are based on New York State Law. The specific laws applicable to your type of employment may vary, as there are certain exceptions, exemptions, and exclusions that may apply.