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Overtime Pay Lawyers of New York Q&A: How much overtime should I be paid?

above-the-bar-logo-no12.jpgUnder most circumstances, you question is governed under Federal Fair Labor Standards Act. Here is a 6 step analysis to help you make an informed calculation.

Our lawyers have spent twenty years fighting for employee rights. If you believe you have an overtime wage claim, call our attorneys at 800-893-9645 and ask for a confidential consultation.

Step 1, you need to determine establish the starting point and end point for your pay cycle or work week. This is important because overtime is supposed to be paid for every hour (or increment) that you work above and beyond 40 hour in a given work week. If you do not know when your “clock” is running then you will never be able to determine if you are owed overtime and how much overtime you are owed.

Step 2, similar to Step 1, you need to calculate the number of hours you actually worked each week. Your employer should maintain some kind of a worksheet which calculates the number of hours you have worked each week. If you believe the number of hours kept by your employer is inaccurate, you should keep your own personal log to ensure there are no miscalculations or lost hours of work.

Step 3, you are now ready to determine the number of overtime hours that you have worked.

Due to the fact that you are on a bi-monthly pay cycle, you need to first tally the number of hours worked in one week. Use simple math to deduct forty hours from your tally. For example, if you worked sixty three hours in week one, you take 63-40 and you now see that you are owed 23 hours of overtime pay.

Step 4, you calculate the pay that you are owed for your overtime.

Under most normal circumstances, overtime is calculated as time and a half. In other words, you need to multiply regular hourly rate and times it by 1.5.

Let me give you an illustrative example: in Step 3, we learned that you were owed 23 hours of overtime pay. Let’s assume you make $10.00 per hour. Your overtime pay 1.5 at $10.00 per hour is $15.00 per hour. You now take your over time hours worked and multiply it by the 1.5. In this case, you have 23 hours x 15 dollars which equals $345.00.

Step 5, you calculate your overtime for the second week in your bi-monthly pay schedule.

All you need to do is repeat Steps 1-4 as it relates to week number two.

Step 6, you calculate the total compensation due and owing to you. You do this by adding the overtime calculations in Step 4 and Step 5.

Now that you have completed these 6 steps, if you believe your employer has been denying you overtime as provided by Federal law, you should contact our experienced attorneys at Villanueva & Sanchala, PLLC who have spent more than 20 years fighting to protect employee rights. Call us now at 800-893-9645.

N.B., Please note, there are exceptions to this calculation and this will not every hourly employee. We recommend that you call our lawyers and ask for a confidential consultation.


Thank you for visiting our Blog. This blog provides general information and thoughts about various employment law issues primarily in the New York Tri-State area and occasionally in other areas. You are welcome to read the posts. However, do not construe any content on this blog as legal advice or the creation of an attorney-client relationship. Again, we provide the content only for informational purposes. You should not make decisions based information on our blog since the application of the law depends on the facts and each situation may be different. In addition, the law in most jurisdictions is different and changes constantly and we make no representations that any information on our blog has been updated. The Blog should not be used as a substitute for competent legal advice from an experienced employment law attorney in your state or jurisdiction.

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