Are Taxicab Drivers Working Thanksgiving Weekend Entitled to Overtime? NYC Overtime Lawyer
Are Taxicab Drivers Working Over Thanksgiving Weekend Entitled to Overtime in New York? New York City Overtime Lawyer Explains
Thanksgiving is a busy weekend in New York City with many visitors and residents alike swarming some of the most famous landmarks, restaurants, and stores due to Black Friday. Because of this, many taxicab companies will need to push their employees to work more shifts, longer hours, and for more consecutive days to fulfill the needs of their clients. However, many taxi cab companies refuse to pay overtime to their taxicab drivers. A common question becomes are taxicab drivers entitled to overtime in New York? Our New York City overtime lawyer explains the applicable law.
Overtime in New York
Under both the Fair Labor Standards Act and New York State’s Minimum Wage Orders, certain employees are entitled to be paid overtime for all hours worked over 40 in a workweek at a rate of 1.5 times the employee’s regular rate of pay. This means that employers will be responsible for paying time and a half for all hours over 40 hours worked in a single week. Employers that fail to do so may be liable for wage and hour violations.
Exceptions to Overtime in New York: Knowing the Exemptions
While employers are required to pay overtime in New York, that is only applicable to certain employees. New York Labor Law section 651 contains several exemptions to the overtime requirement in New York. One such class of employees who are exempt from being paid overtime in New York are taxicab drivers. This means that employers of taxicab drivers will not be legally obligated to pay drivers overtime.
However, if a taxicab driver is part of a union which has negotiated an overtime arrangement, or if the taxicab driver has an employment agreement permitting overtime, the employer will still be liable for paying overtime in New York.
Are Taxicab Drivers Working on Thanksgiving, Black Friday, and Small Business Saturday Entitled to Overtime for Working the Holiday Weekend?
Even if a taxicab driver works on Thanksgiving, Black Friday, Small Business Saturday, or any other holiday, the taxicab driver will still not be automatically entitled to overtime. In fact, no employee is automatically entitled to overtime for merely working on a holiday. This is because the Labor Law requires more than 40 hours to be worked in a workweek for the employee to collect overtime.
Unsure of Your Overtime Rights in New York? Call Our New York City Overtime Lawyer
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.