If I work for the city and don’t get paid my overtimefor up to 3 months later, what should I do?

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If I work for the city and don’t get paid my overtimefor up to 3 months later, what should I do?

I work for CUNY and do overtime soemtimes but dont get it on the same pay period. Most of the time its almost 3 months before I get the overtime. This happens to everyone who does overtime in my department. We have complained and it still is happening. What can we do legally?

Asked on May 24, 2011 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Overtime is supposed to be paid during the regular pay period or cycle in which that week's non-overtime wages are paid--not 3 months later. If the employer, CUNY, won't correct his, try contacting the city, state, and/or federal departments of labor and filing a complaint; they may be able to force CUNY to pay on time. It is probably not worth bringing your own legal action (getting your own lawyer), since if you have been paid everything owed--even if late--there probably is not enough economic damage or loss to make the cost of an attorney worthwhile. Therefore, it would seem that contacting government agencies for enforcement is probably the best, or at least first, thing that you should try. Good  luck.


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