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Am I required to get paid overtime if I work 40+ hours a week? (NY)

Staten Island, NY |

I currently work at a private pharmacy (mom & pop store), I usually work part-time about 26-35 hours a week, but when I work OVER 40 hours a week (time to time) I never received overtime for it. When I approached the situation, they explained to me I am considered a part-timer and part-timers don't receive overtime, benefits, etc. And my boss got offensive and says "Well if you have a problem with it, then find somewhere else to go" Another issue I am having is, are they required to give me pay stubs? Because I have never received any from them, although they deposit straight into my checking account.

I get paid weekly, and I did receive a W2 for 2013. Also, I have almost worked a year (in August) Let me know!

Attorney Answers 3


You have a case! The Fair Labor Standards Act applies to both full and part-time employees. Hire a lawyer.

The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

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Yes to both. You are entitled to pay stubs and overtime.

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Generally you are paid overtime for any time over 40 hours per week. The tittle of your position makes no difference. You should contact the Employment Department for advice on collecting your overtime, you could also contact a labor and employment attorney for assistance.

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