Overtime

Law Office of Finn W. Dusenbery

57 W. 57th St, 4th Fl, New York, NY 10019

t: (607) 437-1168

e: info@dusenberylaw.com

Even if you receive a salary, you may be entitled to overtime. Employers must generally pay hourly employees and certain salaried employees an overtime rate of one and a half (1.5) times the regular rate for each hour worked over forty (40) per week.  Employees who are paid commissions may also be entitled to overtime.
Generally, in New York City, workers earning less than $1,125.00 per week may be entitled to overtime.
While an employer may argue that an employee is “exempt,” or subject to an “exemption,” which means that the employee is not entitled to overtime, courts are required to narrowly construe exemptions. Moreover, even if an employee is subject to an exemption under federal law, the employee may still be entitled to overtime of at least one and half times the minimum wage under New York law.  Generally, under New York law, in New York City, the minimum wage is $15.00 per hour and the overtime rate is $22.50 per hour.
Many companies incorrectly call their workers “independent contractors” and not “employees” to avoid paying minimum wage and overtime.  In determining whether workers are independent contractors or employees, courts may look at a number of factors, but, generally speaking, workers who are economically dependent on their employers and not running their own businesses may be employees.
Employees in various industries, such as restaurant workers, construction workers, maintenance workers, home health aides, and unpaid interns may all be entitled to overtime.
We have represented employees in numerous overtime cases and know the nuances of overtime laws. Even if you are unsure if you are entitled to overtime, it may be beneficial to contact us for a free consultation at (212) 583-0030 to learn more about your rights and options.

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