Despite finishing a 50-hour week on a jobsite or on the production floor, many manual employees still receive the same flat amount on their weekly paychecks. If they bring this up with their employer, the answer is usually this: “You earn a salary, so we do not pay overtime.”
In reality, the flat rate amount is a common misconception and manual workers in New York have a right to receive overtime pay. This guide debunks that myth and provides employees with a way to recover their unpaid wages.
The rules in New York
In New York, employees that spend more than 25% of their time performing physical tasks are manual workers. State labor laws generally require employers to pay manual workers once a week.
Additionally, manual workers are entitled to one-and-a-half times their regular rate for every hour worked over 40 in a workweek. For example, if an employee’s flat rate is $1,000 for a 40-hour week and their hourly rate is $25, their overtime rate should be $37.50 per hour.
Exempt vs. nonexempt confusion
Many employers think they can simply label workers as exempt to avoid paying overtime, but that is not the case. To be truly exempt from overtime, a worker usually must meet specific legal rules, like working in a high-level management role or a job as a learned professional. For New York residents who work in construction or production, they are almost always nonexempt, no matter what their contract says.
Action steps to take
There are several ways that manual workers who believe their employer underpaid them can take action. Keeping their own records is critical by writing down their start and end times each day, as relying only on the company’s punch clock can lead to inconsistencies in pay.
New York also has strong anti-retaliation laws that help protect workers from punishment for asserting their rights and filing a report for this incident. Employees may also claim wages going back six years. They may also qualify for liquidated damages in some cases, which can double their total payout.
When hard work and fair pay matters
Receiving a weekly salary does not automatically erase a worker’s overtime rights or their ability to recover unpaid wages. An employment lawyer can review a worker’s pay stubs and help them secure the money they have already earned.