Hello, I have been working at my current job for almost a year. I am considered a part time, although sometimes I am asked to fill in for someone, and I have accumulated over 40 hours in a week, but do not receive overtime, nor a pay stub for it. I need help on what action I should take. Thank you.
The overtime rules disregard designations like "part-time" and "full-time." The two things that matter, essentially, are: (1) how many hours did you work? and (2) are you exempt from overtime?
Presuming you aren't exempt from overtime for one reason or another, you should receive overtime for hours worked over 40 in any given week.
Your regular schedule makes no difference. If you work the hours to qualify for overtime you are owed overtime.
NO LEGAL ADVICE GIVEN. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship set forth in a written document executed by the client and by me or a member of my firm. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. My law firm does NOT provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your case. I can give advice, make recommendations and answer specific questions only after reviewing the evidence and documents applicable to a specific client and following a personal meeting in my office in which the relevant facts can be developed and analyzed. My law firm presently accepts cases involving State and federal administrative law; professional licenses and permits; education law; employment and labor law; and litigation matters in state and federal courts. Our practice is limited to the States of Oregon and California. If you have a case in any other state we would not be able to assist you. Unless we have a signed written fee agreement you are not my or my firm's client.
both federal and state laws nd regulations affect /couldaffect overtime pay, best to consider consulting a local attorney
From your question, it sounds as though the company is required to pay you overtime at 1.5x your hourly rate for hours worked over 40/week. If the company is willfully disregarding the law, they may be responsible for 3x your hourly rate plus attorney fees. If this is a one-time occurrence, you may wish to overlook it as an anomaly, but if it continues, I would recommend seeking legal counsel from a New York FLSA (Fair Labor Standards Act) Overtime Lawyer.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline