More Than 40 Hours
You worked more than 40 hours during a workweek without receiving the proper overtime rate.
OVERTIME VIOLATIONS
DID YOU WORK MORE THAN 40 HOURS WITHOUT RECEIVING THE CORRECT PAY?
In New York, most covered, nonexempt employees must receive one and one-half times their regular rate of pay for hours worked beyond 40 in a workweek.
If you worked additional hours without receiving the proper pay, you may have a potential claim for unpaid wages.
Restaurant workers may be entitled to overtime pay depending on
their duties and circumstances.
RECOGNIZE THE SIGNS
POSSIBLE OVERTIME VIOLATIONS
A possible overtime violation can occur in different ways. The following are some situations that may require further review:
Paid the Regular Rate
You received the same regular rate for every hour, including the hours you worked beyond 40.
Off-the-Clock Work
You performed job duties before clocking in, after clocking out, or during unpaid breaks.
Misclassification
You were classified as an independent contractor or salaried employee even though your actual duties may indicate a different classification.
IMPORTANT DOCUMENTS
WHAT INFORMATION SHOULD YOU KEEP?
Even if your employer did not provide complete records, keep any information that may help show the hours you worked and the payments you received.
- Pay stubs and tax forms
- Personal records of your starting and ending times
- Work schedules, calendars, and time sheets
- Text messages and emails
- Photographs taken while you were working
- Bank deposits, checks, or records of cash payments
- Names of coworkers familiar with your schedule
INFORMATION FOR WORKERS
LEARN MORE ABOUT YOUR RIGHTS
Watch this video for general information about overtime and payment problems that may affect workers.
This video contains general information and does not constitute legal advice concerning a particular situation.
IMPORTANT INFORMATION
DID YOU KNOW?
Does overtime pay begin after eight hours in one day?
Generally, overtime in New York is calculated according to the hours worked during the workweek. For many covered, nonexempt employees, overtime pay begins after 40 hours in a workweek—not simply after eight hours in one day.
Can I qualify for overtime if I receive a weekly salary?
Possibly. Receiving a fixed salary or having a supervisory title does not automatically make a worker exempt from overtime. The worker’s actual duties, compensation, and other circumstances must be evaluated.
Can time worked before or after my scheduled shift count?
Time spent performing required work may count as working time, even if it occurred before clocking in, after clocking out, or during an unpaid break.
Can I pursue a claim if I was paid in cash?
Being paid in cash does not necessarily eliminate a worker’s wage rights. Messages, schedules, photographs, deposits, witnesses, and other records may help demonstrate the work performed.
Do all workers have exactly the same overtime rules?
No. Certain occupations and types of employment may be subject to exemptions or special rules. Eligibility should be evaluated according to the worker’s actual duties and circumstances.
NAYDENSKIY LAW FIRM, PC
DO YOU BELIEVE YOU WERE NOT PAID CORRECTLY?
Tell us about your employment, work schedule, and how you were paid. We can obtain more information about your possible claim and explain the potential next steps.
ATTORNEY ADVERTISING. Prior results do not guarantee a similar outcome. The information on this page is general in nature and does not constitute legal advice. Contacting the firm does not, by itself, create an attorney-client relationship.