New York State Overtime Laws 

In New York State, employees can work as many overtime hours as they wish as long as they are over the age of 16.

No. If you work on a holiday or a weekend and you haven't worked more than 40 hours in that week, your employer is not required to pay you more simply because it's a holiday or a weekend. Whether you get paid extra for these days will be based on an agreement between you and your employer. If working on the holiday or the weekend puts you over the 40-hour limit, they must pay you overtime.

Your employer is not required to pay you overtime for working night shifts. Whether you work daytime or nighttime hours is an agreement between you and your employer.

Compensatory time, also referred to as comp time, means that your employer agrees to give you extra days off instead of paying you for overtime. For example, if you worked 50 hours one week, your employer would give you 10 hours off in the future instead of paying you overtime. In New York State, it's challenging to come to an arrangement where your employer can legally offer you comp time instead of overtime pay without violating the law. The New York State overtime laws for salaried employees are complicated, so if you're interested in comp time instead of overtime pay, it's probably in your best interest to contact an attorney.

Generally, no. If your employer is a privately owned business, they typically cannot force you to take comp time instead of overtime pay. However, some state and local government employers might be allowed to give comp time instead of overtime in certain circumstances.

If you're working overtime and you’re a non-exempt employee, your employer is required to pay you for that time. If this isn't happening, you should consider contacting an experienced law firm immediately. In essence, your employer is stealing from you if you're not appropriately and legally compensated for the hours that you work. At Morgan & Morgan, we have attorneys who represent clients all over the country who can help you get the payments you are legally entitled to. Contact us today for a free consultation so we can help you get paid what you deserve.