Do you work more than 40 hours a week? Under Federal and New York Law, an employee must receive overtime premium pay at the rate of time and one half his hourly rate of pay for hours worked in excess of 40 hours per week, unless the worker is exempt as a professional, executive, or administrative employee, or another exemption recognized under the Fair Labor Standards Act, 29 U.S.C. Section 201, et. seq. or the New York Labor Law. This means that MOST employees should receive time and one half pay for hours worked in excess of 40 hours per week.
Some employers try to evade their obligations by paying employees who work over 40 hours a salary. This violates the law, unless the employee is exempt. If you work over 40 hours per week, and your employer is paying you the same amount of money each week, you are entitled to overtime pay, unless you are exempt.
Some employees are concerned that they don’t know what hours they worked each week. It is the employer’s responsibility to keep track of the hours you work. If the employer does not have timecards or timesheets, or accurate time records, the law allows the employee to estimate the hours he worked.
If your boss is not paying overtime you are owed, you may recover double damages, as long as you can prove your boss cheated you intentionally. You can collect damages six years from when you file a complaint, and your boss will likely be personally liable for these damages. He may also be liable for additional damages.
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