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The easiest way to figure out your overtime issue is to call us.  We will discuss your claim for no charge.  Calculating overtime pay can be complicated and we will help you do that.  We will also help you determine if you are entitled to overtime pay.  Most people are entitled to overtime, but some people are exempt.  

Overtime Pay FAQs 

Will You Charge Me To Help Recover My Overtime Pay?

No, we handle all overtime pay cases on contingent fee basis.  You incur no direct fees or costs.   We do not get paid unless we recover money for you and we typically get paid a percentage of what we recover for you.   The percentage usually ranges from 25% to 33%.  In most cases, a court determines how much we get paid. 

What is Overtime?

Overtime occurs whenever you work more than 40 hours in a workweek. For example, if you worked 50 hours last week, you worked 10 hours of overtime.

What do I Get for Working Overtime? 

Most people are entitled to extra pay when they work overtime.  This is called "overtime premium pay."  

What is my Overtime Rate? 

Your overtime rate is easy to calculate.   The rate is called "time and a half."  Your overtime rate is 1.5 times your normal hourly rate.  For example, if your normal hourly rate is $20.00 per hour, your overtime rate is $30.00 per hour.  That is a nice increase in your rate. 

How Much Overtime am I Owed? 

You determine your weekly overtime by multiplying your overtime rate by the number of overtime hours you worked in a week.  For example, if you worked 50 hours last week, you worked 10 overtime hours.  If your overtime rate is $30 per hour, you just multiply $30 by 10 and that equals $300.   So your overtime pay for that week is $300 and this is owed in addition to your regular earnings - you simply add $300 to your normal weekly pay.  

How Many Years Back Can I Go to Recover Unpaid Overtime Pay? 

In New York, the statute of limitations is six years.   This means you can go back six years to recover unpaid overtime.   This can result in huge payments for some people who have worked many years without getting paid their overtime.  This is pretty good because many states have much shorter time periods.  New Jersey, for example, only lets you go back two years. 

How Do I Get My Overtime Pay?

It is our job to recover your pay for you.   We do this by contacting your employer and requesting your pay or by simply filing a suit against the company. 

What is an Overtime Pay Class Action? 

A class action is nothing more than a bunch of people with the same or similar problem joining together to bring one big lawsuit.  For example, if many people at your company are  having the same problem getting paid overtime, we can bring one case that will cover everyone who is owed overtime.  Class actions are an efficient way to solve a problem. 

How Long Will it Take to Get My Overtime Pay?

The law moves slowly.   In some cases, we are able to get companies to pay the unpaid overtime without filing suit and in those cases people get paid within a few months.  But in most cases we need to file suit and it can take a year or two to resolve those - sometimes longer.  

Do I get Interest or Penalties Paid to Me Because I had to Wait so Long to Get Paid?

The laws that govern overtime pay (The Fair Labor Standards Act and the New York Labor Code) all provide for interest and penalties.   In some cases, people recover double the amount they were owed, plus interest. 

Do I have to Pay Tax on the Overtime Pay I Recover?  

Yes, the money you are paid is treated as income which is subject to income tax. 

Is Everyone Entitled to Overtime Pay? 

No, lots of people are exempt.  The law has created "exemptions" for certain kinds of jobs.  Typically exempt jobs involve white-collar jobs - people in offices who manage others or who have advanced degrees or who do high level work.   Figuring out exemptions can be complex - that is often the hard part of an overtime pay case. 

Can My Boss Fire Me for Requesting Overtime Pay?

It is illegal for a company to fire someone for asking about overtime pay.  This is called retaliation.   The Fair Labor Standards Act prohibits retaliation and imposes penalties on companies that do this.  

If I get Paid a Salary, Am I Entitled to Overtime Pay? 

Yes, many salaried people are entitled to overtime pay.  Some salaried people are exempt though so we would need to find out more about your job to give you a solid answer.    

Find out if you have the right to Overtime Pay. Click Contact The Ottinger Firm to send us a brief description of your case or call us toll free at 866-571-5010.