Am I Entitled to Overtime for Working on Thanksgiving? NYC Overtime Lawyer Explains
Should I be Paid Overtime for Working on Thanksgiving? New York City Overtime Lawyer Answers
More and more retailers are opening their doors on Thanksgiving for pre-Black Friday sales. This not only means that more and more Americans are leaving to go shopping, but more and more Americans are going to work on Thanksgiving. This is particularly true in New York City, where there is one of the largest collections of retail stores in the country. But retail employees signing up to work, or being forced to work, all ask the same question: Whether they are entitled to overtime for working Thanksgiving. As a New York City overtime lawyer, the answer is “it depends.”
Understanding Overtime in New York
To answer this question you need to understand what overtime is and how it works. Under the Fair Labor Standards Act and New York Labor Law, employees are entitled to be paid overtime for all hours worked above 40 hours in a workweek at a rate of 1.5 times the employee’s regular rate of pay. Said differently. employees are entitled to get paid time and a half for all hours over 40 hours worked in a workweek.
Not all employees are entitled to overtime. Some employees are exempt from receiving overtime, which includes professionals, administrative executives, and executive assistances. Others include religious, educational, and state, federal, and municipal government workers. There are other grounds who are also exempt as well.
Am I Entitled to Overtime for Working Thanksgiving?
Now knowing the definition of overtime, it is clear that employees are not automatically entitled to overtime for working Thanksgiving. New York Labor Law also explicitly rejects holidays as a grounds for automatically earning overtime. However, if working extra hours on Thanksgiving means that an employee now is working more than 40 hours in a workweek, the employee will now be entitled to be paid overtime wages.
It is important to note, however, that some employees may have union contractors, collective bargaining agreements, or other employment contracts with their employer. The parties may write in certain requirements and obligations of the parties, meaning that an employee could be compelled to work Thanksgiving without extra compensation. Or that an employer could be required to pay overtime for working Thanksgiving, even if the employee has not worked more than 40 hours in a workweek.
Overtime and Working Thanksgiving: Not Sure if You Are Entitled to Overtime? Call Our Firm
The experienced New York City overtime 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) 480-2149 or use the convenient “Evaluate Now” box on our webpage. Together we can help answer your questions and protect your rights.