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Employment law and being paid overtime

As New York employees may know, employers are obligated to pay overtime when an excess of 40 hours per week is worked. Violating employee overtime regulations may cause problems for both the employee and employer. From 2008 to 2011, the number of lawsuits concerning failure to pay overtime grew by 32 percent. Employees may benefit from being alert to the ways used to avoid overtime pay.

There are situations where an employee may not be paid deserved overtime, resulting in an employment dispute. A dispute can occur when an employee works through their lunch at their employer's insistence yet is told to clock out. An employee who does company business at home also deserves to be paid if it is part of their job description.

If part of an employee's work is on-call, such as if they must be available at any time within a certain distance from the office, that employee may be entitled to pay. Some employers tell employees that since they are paid a salary, overtime is not a consideration. There are rules concerning salary exemptions for overtime, however, and an attorney may provide insight concerning this issue.

Workers may be required to arrive early for work or remain at work after the workday has ended. The employee may also be required to attend training. Such job-related duties may be eligible for pay. In other situations, the worker may be asked to wait before clocking into work. The time spent waiting may be considered work time and reimbursable.

A worker who believes they have been denied overtime pay may benefit from speaking with an attorney. The attorney may review the circumstances and, if appropriate, assist the employee in filing a suit against the employer.

Source: AOL Jobs, "10 Tricks Employers Use To Cheat Workers Out Of Overtime," Donna Ballman, July 11, 2012

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