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New York Employment Lawyers Shedding Light on State and Federal Overtime Laws


Understanding state and federal overtime laws can be tricky. Even trying to determine if you are covered by these overtime laws can be a challenge. It is important, however, to make the effort to understand your rights under overtime laws to ensure you receive the compensation you deserve.

The NYC employment law attorneys at Hepworth, Gershbaum & Roth provide detailed overtime law advice to individuals in all lines of work. By carefully examining your employment situation and comparing it to overtime law requirements, we are able to help you determine whether you should be receiving overtime pay.

Are you covered by overtime laws?

Any employee covered by the Fair Labor Standards Act (FLSA) is required to receive overtime compensation. This includes any individual employed at:

  • Government agencies: Employees of any government agency, including those at the local, state and federal level, are entitled to overtime pay.

  • Medical care facilities: Hospitals, nursing homes and other such medical care facilities must provide overtime pay for employees who put in more than 40 hours in a single week. Nurses, support staff, janitors and many other positions are covered under FLSA.

  • Educational institutions: Places of education, including pre, elementary, middle and high schools, as well as colleges, are required to pay overtime to non-exempt employees. Any hourly-waged worker, such as a support staff member or janitor must be compensated for hours in excess of 40 performed in a single work week.

  • Certain private companies: Private organizations with more than $500,000 in annual sales or volume must provide overtime compensation to employees who work more than 40 hours in a single week. This category can include retail, food service, construction, and many more types of businesses. 

  • Others: Some employees of organizations that do not meet the FLSA requirements may still be entitled to overtime, depending upon their role.

How can I be sure if I am covered?

If you have doubts, the only sure way to know if you are covered by overtime law is to discuss your situation with a New York employment lawyer. Our attorneys will meet with you to explore the specific details of your employment to determine your eligibility for overtime pay.

Key factors to be considered include:

  • Your employer: As we have already reviewed, some employers are not covered by overtime law or required to pay their employees overtime compensation. Taking a detailed look into your employer is the first step in determining your eligibility for overtime pay.

  • Your role: Simply because you work for an employer who must pay overtime does not mean you are entitled to it. If you are a salaried or exempt employee, you may not be entitled to receive overtime pay. It is important to examine your role and your exact responsibilities when attempting to determine eligibility for overtime.

  • Your wage structure: Hourly employees are far more likely to be entitled to overtime pay than salaried employees. Reviewing your wage structure is key to determining your overtime eligibility.

After carefully reviewing your situation, your attorney helps to translate overtime laws to explain how they apply to your situation.

Schedule a free consultation to discuss your case with an experienced NYC employment lawyer

At Hepworth, Gershbaum & Roth, our New York employment law attorneys leverage more than 70 years of combined experience and a deep knowledge of state and federal overtime laws to assist clients throughout New York. By meeting with us to discuss your situation, you may find the answers you need to determine your eligibility for overtime pay and your options for seeking unpaid wages you are entitled to.

Contact us online or call 212-545-1199 to discuss your case during a free consultation with one of our New York employment law attorneys.




Contact an employment law attorney in New York today for a free initial consultation and determine whether you have a case. For a free initial consultation, you can contact us online or by phone.

CALL US TODAY! 212-545-1199