Winter often means extra demands at work, whether you're plowing snow, managing holiday retail rushes, or keeping essential services running through colder weather. For many employees in Pennsylvania, New York, and New Jersey, this translates to working more than the standard 40 hours a week. While putting in the extra effort can be commendable, it's crucial to ensure you're being properly compensated for your time, especially when it comes to overtime pay.
Understanding Overtime Laws in Your State
Overtime laws are designed to protect employees and ensure fair compensation for work performed beyond the typical workweek. Generally, if you work more than 40 hours in a workweek, federal law (the Fair Labor Standards Act, or FLSA) dictates that you should receive overtime pay at a rate of at least one and a half times your regular rate of pay. However, individual states can have their own nuances.
New York: New York generally aligns with federal FLSA guidelines, requiring time and a half for hours worked over 40 in a workweek. It's important to note that certain industries and positions may have specific rules, so it's always good to be informed.
New Jersey: Similar to New York, New Jersey follows the FLSA's 40-hour rule for overtime pay at 1.5 times the regular rate. There are some specific exemptions, particularly for certain agricultural workers, but for most employees, the rule of time and a half applies.
Pennsylvania: Pennsylvania also adheres to the FLSA's standard of one and a half times your regular rate of pay for hours worked over 40 in a workweek. There are some specific agricultural exemptions and rules for certain service industry roles, but the general principle remains.
Are You Exempt or Non-Exempt?
A key factor in determining your eligibility for overtime pay is whether you are classified as "exempt" or "non-exempt."
- Non-exempt employees are generally eligible for overtime pay. Most hourly wage earners fall into this category.
- Exempt employees are typically not eligible for overtime pay. This classification usually applies to certain executive, administrative, professional, outside sales, and computer employees who meet specific salary and duty tests. The rules for exemption can be complex and are often misunderstood by employers, sometimes leading to misclassification.
If you're a salaried employee, don't automatically assume you're exempt. Many salaried workers are actually non-exempt and are entitled to overtime pay. It depends on your job duties and salary level, not just how you're paid.
Tracking Your Hours Diligently
The first step to ensuring you receive proper overtime pay is to track your hours accurately. Keep your own personal record of:
- The dates and times you start and end work each day.
- Any breaks you take.
- The total number of hours you work each day and week.
This record can be invaluable if there's ever a dispute about your wages.
What to Do if You Suspect Underpayment
If you believe your employer is not paying you the overtime you've earned, it can be an intimidating situation. Here are some steps you might consider:
- Review your pay stubs: Check for discrepancies between the hours recorded and the hours listed on your pay statements.
- Speak with your employer (if comfortable): Sometimes, it can be an honest mistake. Approaching your employer directly and politely can resolve the issue.
- Consult with an employment law professional: If direct communication doesn't resolve the issue, or if you're uncomfortable speaking with your employer, seeking legal advice is a wise next step.
Don't let the colder months and increased workload cause you to miss out on the compensation you rightfully deserve. Understanding your rights and taking proactive steps can empower you to protect your earnings.
Need Help?
If you have questions about your overtime pay or believe your rights as an employee have been violated, Goodley McCarthy LLC is here to help. Our experienced team can review your situation and guide you through your options. We serve clients in Pennsylvania, New York, and New Jersey and are committed to protecting your rights in the workplace.
Contact us today at (215) 273-3491 for a confidential consultation.