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Some employees have the right to overtime, some not. Know where you stand.


Under New York law, as well as under the Fair Labor Standards Act (FLSA), nearly all employees who work in excess of 40 hours weekly are entitled to overtime pay. Overtime pay is calculated by taking the full hourly rate of pay and adding fifty per cent to that rate of pay. Thus, an employee who earns $25.00 per hour would be entitled to overtime pay of $37.50 per excess hour. It is also important to note that some salaried employees, specifically those making less than $100,000 annually, may also be entitled to overtime pay. Overtime pay is not calculated based on a single work day, so an employee who worked nine hours in a single work day and work seven hours the remaining four days of the week would not be entitled to overtime pay for that hour.


Unfortunately, not all employers deal with overtime fairly. For example, an employer cannot offer compensatory time in exchange for overtime pay that is due. In addition, some employers deliberately misclassify employees as “exempt” or as independent contractors as a way to avoid paying overtime.



Employers concerned about wage and hour violations can take steps to ensure they do not run afoul of the laws. Some of these steps include:

  • Written policy – employees should be notified in writing regarding the company’s policy regarding time tracking, taking breaks and overtime.

  • Avoiding off-the-clock issues – all managers and supervisors should be advised to avoid allowing employees to perform work off the clock.

  • Working knowledge – one way your company can avoid running afoul of the law is to have a basic understanding of exempt versus non-exempt employees, hourly versant salaried employees, as well as 1099 employees. It is also important to have a basic understanding about how hours must be calculated under wage laws.

It is important for employers to understand that wage and hour violations tend to be the most commonly filed employment claims. Too often, this is because managers are unfamiliar with current wage and hour laws. Oftentimes, changes to the laws result in accidental violations for which a company could face stiff penalties.



We can help employers by reviewing their company policies regarding how hours are to be tracked, what breaks are allowed during the workday, and how overtime issues are handled. In addition, we can review complaint policies to ensure they are in compliance with the law and easy for employees to understand.



If you believe your employer is taking advantage of you and not following overtime laws, you should contact the law office of Solomon Richman P.C. to discuss your case. You have the right to be paid for all hours worked and the right to be paid time-and-a-half for all hours worked in excess of 40. Whether your employer is skirting overtime laws by misclassifying you or they simply are not abiding by overtime laws, we can help.


Whether you are an employer who needs help crafting a company policy review, or an employee who believes they are owed overtime pay, contact Solomon Richman, P.C. at (516) 437-6443 to discuss any and all overtime pay issues.

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