Am I entitled to overtime pay if I’m per diem and worked over 40 hours?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Am I entitled to overtime pay if I’m per diem and worked over 40 hours?
I worked for a company per diem consistantly for years and did plenty of overtime hours at the same flat rate. Was I supposed to get overtime pay even though I was per diem? If so, when did this law take effect. I was asked to switch to staff 3 years ago because the company was audited. Is something fishy here?
Asked on June 26, 2019 under Employment Labor Law, New York
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
As a general rule, if you are paid on an hourly basis then you are entitled to OT; this is federal law (Fair Labor Standards Act). Accordingly, you are owed overtime pay for all hours that you worked over 40 hours in a work week. At this point, you should consult firectly with an employment law attorent or contact your state's Department of Labor's Wage and Hours division. Your employer may be forced to pay your missing overtime wages. Further, you should know that, it is illegal for an employer to retaliate against an employee who has sought fair compensation under overtime laws.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Yes, you were entitled to overtime. Under wage-and-hour law, like the Fair Labor Standards Act or FLSA (which has been in effect for decades), if your are not salaried, you cannot be exempt from overtime--which means you should have been paid overtime.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.