The answer is not as simple as a yes or no.
Certain laws protect employees from being overworked, but there are also exceptions depending on your job position and wage. Here’s what you need to know.
According to state and city laws, an employee must receive one and one-half times their normal hourly pay rate for any hours worked over 40 per week. This means that if your employer requires you to work more than 40 hours per week, you are entitled to receive at least this rate of extra compensation.
Not all employees are entitled to overtime pay. There are exceptions under federal and state labor laws for certain salaried positions.
For example, salaried executive, administrative, and professional employees are exempt from overtime pay. Under the Fair Labor Standards Act, the employee must meet certain criteria to qualify. This includes receiving a salary of at least $684 per week and performing specific duties outlined by the Department of Labor.
An employee has the right to refuse to work overtime. However, it may come with repercussions such as losing shifts or being passed over for promotions.
In some cases, refusing overtime may also be considered insubordination and could lead to termination. However, if an employee has a valid reason for not being able to work overtime, such as religious beliefs, disability, or family responsibilities, they can request an exemption under the state’s overtime laws.
If you work in a unionized workplace, your collective bargaining agreement governs your overtime rules
Generally, a union contract will provide additional overtime compensation worked, such as double time or time and a half. Additionally, unionized employees may have the opportunity to bid on overtime shifts, which can provide an advantage over non-union employees.
If you believe your employer has not paid you correctly for overtime work, there are legal actions available to you. Under New York state law, employees have six years to file a lawsuit for unpaid wages, including overtime.
It’s important to keep accurate records of the hours you work and your payment to prove a case for unpaid overtime.
If you have questions about unpaid overtime, we can help. For more information or to speak to someone about your rights in the workplace if you face discrimination, contact Borrelli & Associates, P.L.L.C.
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