Millions of Americans work long hours to support their families, pay their mortgages and build a better financial future. For immigrant workers, including many Albanian families living in New York, New Jersey and Connecticut, working additional shifts can be an important way to increase household income.
But what happens when an employee works 50 hours in a week and receives the same hourly rate for every hour?
In some circumstances, the difference could mean thousands of dollars in unpaid wages over the course of a year.
And the answer may depend on a federal law that has protected eligible American workers for decades.
The paycheck that raises an important question
Imagine an employee at a warehouse earning $22 per hour.
The employee works 50 hours in a single workweek, but the employer pays $22 for every hour.
The paycheck shows $1,100 in gross wages.
At first glance, everything may appear correct: 50 hours multiplied by $22 equals $1,100.
However, under the federal Fair Labor Standards Act (FLSA), covered, nonexempt employees generally must receive overtime pay of at least one and one-half times their regular rate for hours worked beyond 40 in a workweek.
If the employee qualifies for overtime under that rule, the calculation looks different.
<text preserveWhitespace={true}>First 40 hours: 40 × $22 = $880
Additional 10 hours: 10 × $33 = $330
Total gross weekly pay: $1,210
Potential unpaid difference: $110</text>
Over 50 comparable workweeks, that difference could reach $5,500 in unpaid gross wages.
This is a hypothetical example. Actual eligibility and calculations depend on the worker’s duties, compensation structure and applicable laws.
Why some employees never notice the difference
Many workers focus on the total amount deposited into their bank accounts rather than the details of how their wages were calculated.
Others assume that overtime applies only to particular industries or that employers can decide whether to pay it.
In reality, federal overtime protections depend on legal coverage and exemption rules.
An employee’s job title alone does not determine whether that person is exempt from overtime.
For example, calling someone a manager does not automatically eliminate overtime rights. Their actual duties and compensation must satisfy the relevant legal requirements.
What if the employer pays cash?
Some employees receive wages in cash rather than through direct deposit or traditional paychecks.
Being paid in cash does not, by itself, remove federal wage-and-hour protections.
Covered employers remain subject to applicable minimum wage, overtime and recordkeeping obligations.
Workers who are uncertain about their pay may benefit from keeping their own records of dates, shifts, hours and amounts received.
Can an employer refuse overtime because it was not approved?
Employers may establish rules requiring employees to obtain approval before working additional hours.
However, under federal wage-and-hour principles, covered work that an employer knows or has reason to know is being performed generally must be counted as hours worked, even if the work violated an internal approval policy.
Employers may address policy violations separately, but they cannot simply disregard compensable work.
What about workers in New York and New Jersey?
Federal law provides a baseline, but state wage-and-hour laws may provide additional protections.
New York and New Jersey have their own labor standards, enforcement agencies and rules that may affect particular workers.
Certain industries and occupations are also subject to special provisions.
This is why workers should examine both federal and applicable state requirements rather than relying only on general advice from coworkers.
Could unpaid overtime lead to additional compensation?
Under the FLSA, eligible employees may be