Are you paid a fixed amount per day or per week? That does not automatically mean you have lost your right to receive overtime pay.
In New York, most non-exempt employees must receive overtime pay when they work more than 40 hours in a workweek. This may apply even if an employer pays $150 or $200 per day, provides a fixed weekly salary, or pays in cash.
For example, someone working six days a week at a restaurant, deli, car wash, retail store, cleaning company, or construction site can easily work more than 40 hours. An employer cannot simply claim that overtime is “included” in the weekly payment without properly calculating the employee’s hours and regular rate of pay.
Receiving a fixed salary also does not automatically make a worker exempt from overtime. A job title such as “manager” or “supervisor” is not enough. The employee’s actual duties, method of payment, and other legal requirements must also be considered.
Some warning signs include:
- You work more than 40 hours but always receive the same amount.
- Your employer does not accurately record when you start and finish work.
- You are paid by the day without any record of your hours.
- You work at multiple locations owned by the same employer.
- You are called a “manager,” but perform the same duties as other employees.
Keep schedules, text messages, photos, checks, deposits, and any other records showing the days and hours you worked. This information may help determine whether you are owed unpaid wages or overtime.
Do you believe you are not being paid correctly? Send us a message or call us now to learn about your options.
Helen F. Dalton & Associates, P.C. — 30 years fighting for our New Yorker community.
