Don't Give Up Your Right to Overtime Compensation

If you are paid on an hourly basis, then you must be paid one and one-half times your regular hourly rate if you work more than 40 hours in a work week.

There is an exception for certain employees of hospitals and nursing homes.  Under certain circumstances, their right to overtime compensation is based on 80 hours every two weeks.  For everyone else, however, overtime pay begins after you have worked 40 hours in a single week.

Employers who fail to pay overtime can be required to pay not only the unpaid overtime compensation but also an equal amount as liquidated damages.  In other words, if you have been denied overtime pay, then your employer may have to pay you two times what you are owed.  Your employer will also have to pay any attorneys fees and costs.

Under federal law, you may recover up to three years of unpaid overtime.  Under New York state law, you may recover up to six years of unpaid overtime.

Your employer must pay you for all the time you spend working, even for time you spend working at home or before or after regular business hours.  For example, you may be entitled to overtime in the following situations:

  • you start work before your regular shift or start time;
  • you stay late to finish work after your regular shift or start time;
  • you have to work through lunch breaks;
  • you take work home at night to finish it, and your employer is aware that you are doing this;
  • you are "on call" at home and must report back to work within an hour's notice;
  • you work more than 40 hours in a work week, even if your employer gives you time off  ("comp time") the following week;
  • you are required to travel overnight for company business.

Your employer is not allowed to ask you to waive your right to overtime.  In addition, your employer may not settle your claim to overtime by paying less than the full amlount you are owed.  If they want to settle your claim without a lawsuit, then they must pay you 100% of ehat you are owed.

If you believe that your employer has failed to pay you for all the overtime you have earned, then you should consult with an experienced employment lawyer immediately. There are strict deadlines to file your claim.  Call us today at 212-601-2728 to schedule a free and confidential consultation. Or simply complete the contact form on this page to find out how much overtime pay you are owed.

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