In some states, like California, you can get overtime pay after working eight hours. If you put in nine or ten hours one day, those final hours will be paid out at time-and-a-half.
But is this how it works in New York? It is not.
New York law says that employees are only authorized to get overtime payments once they have exceeded 40 hours during the week. This does average out to eight hours per day in a traditional five-day workweek. However, someone who worked nine hours every day for five days in a row would not start generating overtime pay until the fifth day. That is when they would officially pass 40 hours in the week, and they would end up working a total of five hours at overtime pay.
What if your employer does not pay you the right amount?
One complication is if an employer does not pay you properly for overtime. It could be as simple as putting in 45 hours and then being paid your standard rate for all of them. Perhaps your employer did not realize that you exceeded 40 hours, or maybe it is a form of wage theft and they are intentionally trying to pay you less than is owed.
Another issue that sometimes occurs is when an employer will offer comp time instead of overtime pay. Not all employers are even legally allowed to do so. But when they are, it is important to remember that you still need to be paid time-and-a-half, even if you are receiving comp time. If you work four hours of overtime, that does not mean you get four hours off the following week. Instead, you should get six hours off, which should all be paid at your standard rate.
Wage and hour issues are common. It is imperative that employees understand all of their legal rights.