Sound legal advice and representation for clients throughout New York.
Law Offices of Louis D. Stober, Jr., L.L.C.
We provide experienced employment/discrimination, personal injury, probate and estate planning, traffic violations, and real estate law representation from our Mineola office.
View Our Legal Services

What if I took time off during the week I worked overtime?

If you took time off during the week you worked over 40 hours, you may be doubting whether or not you actually deserve overtime. Your employer may even attempt to convince you that you do not deserve overtime because you took time away from your job. However, leave time does not affect your right to overtime wages.

According to the Fair Labor Standards Act, you deserve an overtime pay rate if you work over 40 hours in a workweek. As long as you meet this requirement, you should get overtime compensation, regardless of leave time. For example, if you worked 42 hours in three days but took two days off, you still deserve overtime for the extra two hours you put in for your occupation. If your employer is telling you otherwise, he or she is lying to you. Here is what to do in this situation.

Gather proof of your hours

If your employer is not complying with the FLSA, you may be wondering what you should do. The first step you should take is organizing evidence of your hours. If your employer keeps proper records, this should not be too difficult to do. However, if your employer falsifies records or does not record your hours, you may need to rely on your own best estimate. If this is the case, do your best to remember your schedule and write it down. 

Get legal help

Before you begin hashing it out with your employer or contacting the Department of Labor, you should talk to an employment law attorney. This is the best thing you can do when you believe you are not getting your rightful overtime wages.

Do not feel bad for taking time off during the same week you put in over 40 hours. The law says you still deserve at least one-and-a-half times your normal pay rate.

No Comments

Leave a comment
Comment Information

Discover explore additional resources

Contact Our Employment Law And Personal Injury Attorneys

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

See Louis D. Stober featured in the LI Pulse - Top Legal Eagles of Long Island 2012 – 2016

98 Front Street | Mineola, NY 11501 | Toll Free: 877-791-8076 | Fax: 516-742-8603 | Map & Directions