Overtime Pay for Salaried Employees
You may be entitled to overtime pay even if you are paid on a salary basis.
Overtime pay is not limited to employees who are paid by the hour. Many employees who are paid a salary are entitled to one and one-half times their regular pay when they work more than 40 hours per week.
The most important questions are: (a) what are your actual job duties; and (b) how much are you paid?
Overtime Based on Your Actual Job Duties
An employer must pay overtime unless they can prove that your job duties make you “exempt” from the overtime rules.
The most common types of “exempt” employees are:
- company executives and managers
- professionals such as doctors and lawyers
- some types of computer workers
- outside salespeople who do not work at the employer’s place of business
But Wait! Your job title does not decide whether you are exempt from the overtime rules. The court looks at your actual job duties.
Many employers try to avoid paying overtime by giving you a job title that sounds like you are a manager or professional. These job titles do not determine whether you are entitled to overtime. The key is the type of work you actually perform.
For example, a salaried employee who is called “vice president” or an “assistant manager” is entitled to overtime pay if they do not actually manage other employees and do not have the ability to make important decisions on their own.
The same is true for professionals. For example, a Registered Nurse (RN) is usually considered “exempt” from the overtime rules, while a Licensed Practical Nurse (LPN) is entitled to overtime pay. But if the RN only performs the same job duties as an LPN, then the RN is entitled to overtime pay.
Unless your employer can prove that your job duties make you an exempt employee, you are entitled to overtime pay. Period. It doesn’t matter how you are paid.
Overtime Based on Your Compensation
There is another way to qualify for overtime. In New York, you are entitled to overtime pay if you are paid less than $913.00 (gross pay) per week. It doesn’t matter what your job title is, or what your job responsibilities are, or that you are paid a salary. If your weekly pay is less than that amount, then your employer must pay you one and one-half times your regular compensation when you work more than 40 hours per week.
Your Right to Double Damages
When your employer violates the overtime rules, the law is on your side.
Your employer may be ordered to pay you for all the overtime pay you are owed going back as much as six years. Even if you are a salaried employee. In addition, in New York your employer may have to pay you two times the amount of overtime pay you are owed or interest at the rate of 9% per year.
How to Get Paid for Overtime You Are Owed
If you believe that you are owed overtime pay, the first step is to consult with an experienced employment attorney. In our free and confidential consultation, we will review your situation and explain your rights.
If you have a strong case, we will represent you on a contingency fee basis. This means that you will not owe us any attorneys’ fees unless you win. And under state and federal laws, your employer will have to pay those fees if you win.
For more than 30 years, we have helped people just like you get paid the overtime compensation they are owed. Call our office today at (212) 601-2728 to schedule a free and confidential consultation.