It is important for workers and their employers to understand overtime rules. It is also important for both that these rules are followed and that workers receive overtime compensation for the time and hours they have worked.
Exempt and non-exempt workers
Employees that are not considered exempt may be eligible for overtime compensation, which is compensation for hours worked over 40 hours per week. The 40-hour work week is measured by seven consecutive 24-hour periods, or 168 hours, and can start on any day of the week. Employees should ask their employers what day of the week their work week begins on.
Exceptions to the 40-hour work week can apply to certain police and firefighters and some hospital and nursing home employees. There are also certain rules for live-in employees. Certain workers are also exempt from overtime rules including bona-fide executive, administrative, professional, outside sales and computer professional employees.
In addition, the overtime rate must be equal to one and a half times the worker’s normal rate of pay. The Fair Labor Standards Act (FLSA) addresses overtime and other workplace rules. States can pass laws that exceed requirements in the FLSA but cannot provide less than those required by the act. For example, some occupations that are considered exempt under the FLSA are not exempt from overtime rules under New York law.
The most common complaints employees have over wage and hour violations are for unpaid minimum wages and overtime compensation.
There are certain legal remedies available to workers who believe they have not received appropriate overtime compensation they are owed. There are also timelines associated with making those claims. Employment law can help employees and employers navigate claims of unpaid overtime compensation.