What is a “Workweek” Considered for Overtime Pay in New York? Defining a Workweek
New York City Overtime Attorneys Explains What a “Workweek” is Defined As for Calculating Overtime Pay
There are many components to determine overtime, including defining a workweek under the law. The Fair Labor Standards Act and the New York State Minimum Wage Orders require that employers pay overtime to employees at a rate of one and a half (1.5) times their regular rate of pay for all hours worked over 40 hours in a workweek. Unless an employee is exempt from overtime, the employee must receive this overtime pay.
One common question is if employer has an employee work more than his or her normal hours in a single day, does that requirement overtime pay? What is a “workweek” considered for overtime pay to be required? These are good questions for a New York City overtime lawyer such as those at SAMUEL & STEIN. Below are the answers to understand how New York overtime works.
Defining a “Workweek”: Understanding When Overtime Pay Kicks In
Employees are only paid when they work more than 40 hours in a “workweek.” Therefore, just because an employee works more than his or her normal amount of hours in a day, that does not mean that the employee is entitled to overtime. The employee must work more than 40 hours in a “workweek,” not more than a normal day.
Therefore it is important to define a “workweek.” Unfortunately, this is not the same for every business or employee because a workweek does not mean a calendar week. Employers are free to set what they want as a workweek. Typically this coincides with a pay period.
Under New York law, an employer may set its own workweek but it must fix that period and make it regularly recurring. The workweek must be a consecutive 168 hours that the employer measures compensation and scheduling for an employee, which means 7 days in a row of all 24 hours. During this period, if an employee works more than 40 hours the employee must be paid overtime.
It is important to note that an employer cannot average weeks to make an employee only work 40 hours. For instance, if a pay period is two weeks and the employee works 60 hours one week and 20 hours the other week, the employer cannot say that the pay period was 80 hours which averaged 40 each to avoid paying overtime. In this situation, the employer would be required to pay 20 hours of overtime for the first week, and none for the second week.
Were You Not Paid Overtime When You Worked More Than 40 Hours in a Workweek? Call SAMUEL & STEIN!
The experienced New York City Wage and Hour attorneys at SAMUEL & STEIN are dedicated to asserting and defending the rights of employers and working people throughout New York and New Jersey. We have the resources, experience, and knowledge necessary to ensure your legal rights are protected and you are not taken advantage of. Call us today by dialing (646) 681-4193 or use the convenient “Evaluate Now” box on our webpage. Together we can help answer your questions and protect your rights.