New York State agencies paid $50 million in overtime wages in 2014, according to public records. A recent Democrat & Chronicle article reported that state records show that at least 20 agency employees received an additional $100,000 in overtime pay. In fact, the state’s Department of Corrections spent 12 percent more in overtime last year than it did the year prior, totaling a whopping $180 million is overtime pay. If you or someone you know has been refused overtime pay, contact an aggressive and knowledgeable unpaid wages and overtime attorney right away to fight for the compensation to which you are entitled.
NY State Overtime Laws
Staying current with knowledge of NY state overtime laws is key. Overtime pay is extra compensation earned by an employee who works more than a 40-hour workweek. Generally, overtime pay is paid at the rate of time and a half (or 150 percent of the normal pay rate). Overtime pay must be paid simultaneously with regular pay and included in the same check as regular pay.
Federal and state laws govern overtime pay. Specifically, the Fair Labor Standards Act (FLSA) establishes (1) minimum wage rate, (2) the 40-hour workweek, (3) restrictions on child labor, (4) overtime pay rules, (5) standards for time-off pay, and (6) equal pay for men and women. The FLSA only protects employees, and not contract workers. If a majority of one’s income comes from a sole company, the relationship with the company appears permanent and the worker has no bargaining power when it comes to the terms of employment, that person is likely an employee even if the title of “contract worker” is given.
In New York, the NY State Labor Code requires the payment of overtime. There is, however, a six-year statute of limitations. This means a complaint must be filed within this time frame or be forever barred. State law also mandates the minimum wage, however, it applies the overtime rate slightly differently depending on whether an employee is non-residential or residential. Moreover, it is important to understand that the receipt of a salary does not automatically mean exempt from overtime pay.
Unpaid Wages and Overtime Attorneys
Overtime laws can be complicated, as categorization of workers may not be clear. Likewise, employees may be under the misunderstanding that they are not eligible for unpaid wages or overtime pay. If you or someone you know believes a company owes wages due, contact the employment attorneys at Levine & Blit, PLLC today for a free no-obligation case evaluation. Call the New York City office at (212) 967-3000 or the Syracuse office at (212) 967-3000 to schedule your initial consultation. NY state overtime laws may affect you in different ways. Understand your rights with the help of a knowledgeable unpaid wages and overtime attorney.