Do I have a right to wages over 29 hours and less than 40?

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Do I have a right to wages over 29 hours and less than 40?

I am supposed to be working under 30 hours for my job which is through my
college over the summer when I am taking no classes. However, I work in an
opera company and I was promoted without a pay raise to be a stage manager,
which requires more time. I am now WAY over hours clocking in at 77.5 when
max is 58 for two weeks and my boss is refusing to pay me even though she
told me to work whatever the directors wanted me to. Do I have a legal right to
get wages if I worked under 40 for each week?

Asked on August 10, 2016 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you are an hourly (not salaried) employee, you *must* be paid for ALL hours worked each week (and be paid overtime if you work more than 40 hours in a single week)--that's the law (e.g. the Fair Labor Standards Act), and the employer has no right or discretion to not pay you. If not paid for all hours worked when you are hourly, you can contct the state department of labor to file a complaint: you may be entitled to the money you should have been paid, but were not.


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