I Work 7 Hour Days and my Employer Made Me Work 10: Do I get Overtime in New York?

I Worked More Hours Than Normal Today, Do I Get Overtime?  New York Overtime Lawyer Explains

A common question our New York overtime lawyers hear is “do I get overtime” or “can I get overtime when I work more than 10 hours a day”?  We have all heard of overtime.  That is when you get paid time and a half or 1.5 times your regular rate of pay for all overtime hours.  Overtime is permitted under both the federal law through the Fair Labor Standards Act and New York’s Labor Law which contains the New York Minimum Wage Orders.  These are very important because these laws insure that employers do not take advantage of employees or their employment rights.

However, not all employees know their rights and not all employees know how overtime works.  In fact, many employers do not know how overtime properly works.  This is why it is important for employees and employers to contact a New York overtime lawyer if they have wage and hour questions.  Here at SAMUEL & STEIN, we advise both businesses developing salary plans and employees who are unsure if their paycheck was correct of their rights to overtime compensation.

Common Question: I Worked More than my Normal Hours in a Day, Do I Get Overtime?

Employees commonly ask if they are required to work longer than normal in a single day, are they entitled to overtime.  For example, if an employee normally works 7 hours a day and has to stay later to work 10 hours, does the employee get three hours of overtime?

The answer is maybe, but not necessarily for those exact three hours.

Under New York law, overtime wages are required to be paid at a rate of 1.5 times the regular rate of pay for all hours worked over 40 hours in a workweek.  This means that an employee is only entitled to overtime pay for hours worked over 40 in a week, not necessarily for working overtime in a single day.

Applying the definition to the example above, if the employee works 5 days a week and works 7 hours a day, that is 35 hours a week.  By working 10 hours one of those days, this means that the employee has worked 38 hours in a week.  If the employee does not work any additional hours, he or she will not be entitled to overtime because he or she has not worked for more than 40 hours in a workweek.  Thus, the employee will only get paid for the 3 extra hours at his or her regular rate of pay.

However, if the employee works 10 hours each of the days in a week, meaning he or she has worked 50 hours in the workweek, the result changes.  The employee will get paid for 40 hours at his or her regular rate of pay.  The employee will than be paid for 10 hours of overtime at a rate of one and a half times his or her regular rate of pay.

Unsure How Overtime Works?  Ask Our New York Overtime Lawyer.

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) 480-2149 or use the convenient “Evaluate Now” box on our webpage.  Together we can help answer your questions and protect your rights.

Share this Article

About the Author

Free Initial Consultation Get Help Now