Overtime Rules for Remote Workers in New York
The COVID-19 pandemic forced workplace adjustments that many employers have chosen to continue. Remote work is one of those adjustments. Many people wonder how this may affect hours worked and New York’s protections for overtime pay. Our Syrause unpaid wages claims attorney from Gattuso & Ciotoli, PLLC believes in your right to receive overtime pay, and the State of New York agrees.
Does Remote Work Affect Overtime Pay?
When you work as a nonexempt worker in the state of New York, you are entitled to overtime pay regardless of whether that work is completed remotely or on-site. New York requires overtime pay for their workers in at least two situations. Eligibility for overtime pay in these situations does not depend on whether work is performed on-site or at home.
40 Hour Work Week
The standard work week in both federal and state guidelines is 40 hours in a designated work week. This period can be considered Sunday to Saturday, Monday to Sunday, or any other designated 7-day period as long as it is consistent. Any hours worked over 40 in this 7 day period is considered overtime and is expected to be paid out at 1.5 times the normal rate. Almost all workers are entitled to overtime pay, with some exceptions.
Day of Rest
The New York Department of Labor requires at least one period of rest or off-duty time for 24 consecutive hours in a seven-day period. Employers cannot require you to work without this off period, but if you choose to work for this seventh consecutive day, you may be entitled to overtime pay.
When Your Employer Does Not Pay Overtime
In pay structures where an employee has an annual salary instead of an hourly wage, the worker may be exempt from overtime pay. Additionally, if you are classified as an independent contractor, you are ineligible for overtime pay. It may be legal if an employer is not paying overtime in these situations. However, in times when an employer is illegally withholding or not providing overtime pay, you are protected in your ability to recover those wages.
Recovering your wages can be done by filing an official complaint through the New York Department of Labor where they may investigate. The results of this investigation may require them to provide back pay for the time they worked, or it could result in fines or even criminal charges. The state of New York considers an employer’s failure to pay entitled overtime as larceny and may decide to file charges accordingly.
You may also decide to speak with an employment attorney to pursue civil action against your employer. This course of action will allow you to hold your employer accountable in civil court but may not result in any other sanctions from governing bodies.
Compensation in Civil Court
When you choose to pursue a civil lawsuit, your attorney will often help you evaluate your total losses due to your employer’s failure to pay you what you are entitled to receive. Some of these considerations are:
- Back pay for overtime wages
- Interest on unpaid wages
- Court costs and legal fees
Your employer is obligated to pay you according to New York law regardless of where your work happens. If they fail to do this, you are protected by having the right to file complaints and take legal action to recover the wages owed to you.