When you work more than 40 hours per week, you are entitled to be paid at an overtime rate for every extra hour.  The overtime rate is one and one-half times your regular rate of pay. 

This law applies to all employees unless you are considered “exempt” from the overtime laws.

Types of employees who are "exempt" from the overtime laws

Exemptions from the overtime laws are based on the type of work you actually perform.  The most common exemptions are for: 

  • Executives who manage the company and have the power to hire, fire or recommend the hiring and firing of employees; 
  • Administrators who manage some company operations and have the discretion to make significant decisions on their own; 
  • Professionals such as doctors, lawyers and architects who use their professional knowledge and skills in their work; 
  • Outside Sales employees who do not work at the company’s offices or facilities;
  • Interstate Truck Drivers whose routes cross state lines. 

The exemptions are not based on your job title.  They are based on the type of work you actually perform.  If you are called an assistant manager, but you do not have authority to make significant decisions on your own, then you may be entitled to overtime. 

Types of employees who are entitled to overtime pay

The following types of employees are almost always entitled to overtime pay: 

  • Banking and financial services staff;
  • Call center and customer service employees; 
  • Construction workers; 
  • Factory workers; 
  • Hospital and nursing home employees; 
  • Hotel and resort employees; 
  • Installation and maintenance workers;
  • Law firm secretaries, paralegals, and administrative staff
  • Restaurant workers; 
  • Retail store employees. 

Not sure if you are entitled to overtime?  Give us a call at (212) 601-2728.  We can discuss your situation and let you know what your rights are.