Legal Question in Employment Law in New York

over time pay

I AM LIVING IN NEW YORK.I HAVE BEEN WORKING FOR A ARMOURED CAR COMPANY FOR THE PAST ELEVEN YEARS,THEY WAS PAYING US OVERTIME AFTER FORTY HOURS.NOW A NEW COMPANY TOOK OVER [garda] and is paying us overtime after fifty hours,and is talking about armoued car act. new york state is taxing me for overtime after forty hours,yet my boss pays me overtime after fifty hours.let me know if there is any wrong doings here and what action to take.[ps]we do not cross state line or get hour brakes.

Asked on 9/20/08, 12:59 am

1 Answer from Attorneys

Andrew Frisch Morgan & Morgan, P.A.
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Re: over time pay

It sounds like both your old company and the new company are violating both state and federal wage and hour laws in several ways. Typically overtime pay of time and a half your regular rate should be paid for any hour over 40.

If your employer(s) is making automatic deductions for break time which you are not taking, they are wrongly denying you wages as you suspect, and to the extent te extra time, when properly added to your current time, would put you into overtime, they are likely wrongly denying you overtime pay.

Further, in the past the "Motor Carrier Act" exempted workers like yourself from overtime, even when they worked over 40 hours in a work week. However, that law was changed in 2005, and the current law says that most armored car employees (those in vehicles weighing 10,000 lbs or less) are entitled to be paid overtime.

If you would like to discuss these issues further, please contact me for a free consultation at

1-888-OVERTIME.

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Answered on 9/20/08, 8:35 am

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