In NY, is the employer required to pay time and a half for overtime and holiday pay?
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In NY, is the employer required to pay time and a half for overtime and holiday pay?
Also, I’m a full time worker, the only one not to recieve helath benefits. No
vacation or sick time. Also, my boss kised me on my lips a few weeks ago but i
never said anything about it. Is it too late to say/do something?
Asked on July 5, 2017 under Employment Labor Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
1) Yes, an employer must pay non-exempt employees, which are all hourly and some salaried workers, overtime (time-and-a-half) if they work more than 40 hours in a single workweek; that is the law, such as under the Fair Labor Standards Act or FLSA. If not paid overtime when you should be, you can contact the state or federal departments of labor to file a complaint.
2) There is no legal requirement to pay time-and-a-half for holidays. Some employers may choose to pay it, but that is voluntary on their part.
3) It may be illegal to not give you benefits that other employees get if the failure to give you benefits is due to discrimination against you due to, for example, your sex, age 40 or over, race, color, religion, national origin, or disability. Employees cannot be treated worse for those reasons. If the issue is not discrimination but rather that you are in a different or lesser position that does not get those benefits, this could well be legal: not all positions have to be treated the same.
4) Kissing you is likely sexual harassment unless you invited it or initiated it.
If you feel you are being discriminated against or sexaully harassed (3 and 4, above), contact the federal EEOC or your state's equal/civil rights agency to file a complaint.
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