In the United States, a standard work week is classified as working 40 hours during that week. There’s no requirement for what day the week starts on, but the start date of the company’s work week must remain consistent.
Employees deserve to be paid what they’re due, part of which is being paid overtime when they work more than 40 hours in a single work week. Many hourly employees are non-exempt, so they’re required to be paid overtime. Other employees are classified as exempt, which means they aren’t due any overtime pay.
How much is overtime pay?
In New York, overtime pay is 1.5 times the employee’s standard rate of pay. This means that a person who normally earns $20 per hour would earn $30 per hour after they work 40 hours for the week. There’s no upper limit for how much a person can earn in overtime.
Overtime pay is a bit more complex when an employee has more than one rate of pay. This is common in the hospitality and restaurant industries. In these cases, overtime pay is determined based on the weighted average of their standard rates of pay.
Some employers may try to skirt around having to pay the extra money for overtime pay. Employees can file legal complaints in those cases, so it’s critical for them to understand their rights. Working with someone familiar with wage and hour cases may be beneficial so they can determine how to proceed with their claim.