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Common labor law questions in New York State

When am I owed overtime in New York?

In New York, the rules for overtime pay are primarily governed by the Fair Labor Standards Act (FLSA) and the New York State Labor Law. According to these laws, you are generally entitled to receive overtime pay when you work more than 40 hours in a workweek. The specific criteria for overtime eligibility in New York are as follows:

  • Non-Exempt Employees: If you are classified as a non-exempt employee, which includes most hourly workers, you are entitled to overtime pay. For every hour worked beyond 40 hours in a workweek, you should receive one and a half times your regular hourly rate as overtime compensation.
  • Exempt Employees: Certain employees are classified as exempt from overtime pay, such as those in executive, administrative, or professional positions who meet specific criteria. Exempt employees are generally not entitled to overtime pay, regardless of the number of hours worked.

Furthermore, New York State law provides additional protections for overtime pay. In some cases, state law may require employers to pay overtime for hours worked beyond eight hours in a day, even if the total for the week does not exceed 40 hours. However, the specific circumstances vary depending on the industry and the employer’s size, so it’s advisable to consult the New York State Department of Labor or an employment attorney for precise information regarding your situation.

What can I do if my employer owes me money in New York?

If your employer owes you money in New York, there are several steps you can take to address the situation and seek resolution. Here’s a general outline of the process:

  • Review employment contract and records: Start by reviewing your employment contract, pay stubs, and any other relevant documentation to ensure that your employer’s failure to pay you is indeed a violation.
  • Communicate with your employer: Reach out to your employer directly to discuss the issue and seek an explanation for the non-payment. It’s possible that there might be a misunderstanding or an administrative error.
  • Follow up in writing: If the initial conversation does not resolve the matter, send a formal written request to your employer, outlining the details of the unpaid wages, the dates of work performed, and any other relevant information. Request a response within a specific timeframe.
  • Consult the New York Department of Labor (NYDOL): If your employer remains unresponsive or refuses to pay, you can file a wage claim with the NYDOL. They have mechanisms in place to assist employees who are owed wages.
  • File a complaint: Visit the NYDOL website and file a wage claim with the Labor Standards Division. Provide all the necessary information, including your contact details, employment information, and details about the unpaid wages.
  • Investigation and resolution: The NYDOL will review your claim and initiate an inve