Legal Question in Employment Law in New York

I am an junior level engineer. I do not receive time and a half for working overtime. I just receive straight time. Is this in conflict with the labor laws? Should I be receiving time and a half for overtime hours worked?


Asked on 7/29/12, 8:20 am

2 Answers from Attorneys

Jason Stern Law Offices of Jason Stern

Job titles unto themselves do not determine whether overtime pay is applicable. One must look to the US Department of Labor (Fair Labor Standards Act) guidelines insofar as compensation and job duties are concerned.

FLSA guidelines govern this area of law and you should speak with an FLSA attorney.

You can contact my office directly for a free consultation at [email protected].

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Answered on 7/29/12, 8:51 am
Leon Greenberg Leon Greenberg Professional Corporation

There are 2 issues I would look at:

1. HOW do they pay you? Just hourly or weekly "salary"? If you work say 30 hours or 32 hours do you still get the same weekly "salary" or are you only paid X per hour times however many hours you work? This could determine the whole overtime issue.

2. WHAT do you do? You say you are an engineer (junior) so I figure you have a college degree. But what do you do? Do you really make important decisions, do skilled work that requires your degree, or just check the math done by others to be sure there are no errors?

Please call me or email me, 1-800-257-4841 [email protected]

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Answered on 7/29/12, 3:43 pm


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