Unpaid Overtime FAQs

Overtime pay rules can be confusing for employees. Some employers take advantage of this and fail to pay their workers what they are legally owed. In these cases, it may be possible to pursue an unpaid overtime claim against an employer. The following are a sample of the common questions many workers have regarding overtime. Keep in mind that nothing can replace the advice you receive from a qualified lawyer. To schedule a consultation with the attorneys at the law firm of Fisher Taubenfeld LLP, call our law offices in New York at 646-741-3490.

When does overtime pay kick in? An employee is entitled to overtime at the rate of one-and-a-half times the employee’s regular hourly rate for every hour worked more than 40 hours in a workweek. Only nonexempt employees, or those who are paid by the hour, are entitled to overtime pay.

What is a workweek? In general, a workweek is considered to be a fixed, regularly recurring period of seven days. A workweek does not have to adhere to a traditional calendar week of Sunday to Saturday. A workweek could run from Wednesday to Tuesday, depending on a person’s work schedule. Simply put, a workweek consists of any seven days in a row.

Can I waive my right to overtime pay? No. Any agreement that prohibits an employee from being eligible for overtime pay is illegal. However, an employee may not decide to work overtime on his or her own if an employer has a clearly posted rule or policy which prohibits overtime work.

Contact Us If You Have Questions Concerning Unpaid Overtime

If you believe your employer is not paying you what you are owed for working overtime, speak with us. Call 646-741-3490 or toll-free 866-654-0343 for a free phone consultation. You may also send an email directly through our website.

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