New York Overtime Authorization Form
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How to fill out Overtime Authorization Form?
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FAQ
The most common questions are whether your employer can mandate overtime work and if they can fire you if you refuse to perform this overtime work. The short answers are that yes, they legally can require you to work overtime, and yes, they can also legally fire you if you refuse to do that work.
Most employees must receive overtime pay at the rate of 1½ times their regular rate of pay for all hours worked over 40 in a workweek. Certain residential employees must receive overtime pay at the rate of 1 A½ times their regular rate of pay for all hours worked over 44 in a workweek.
Overtime Authorization Form The authorization form, also called a slip form, includes space for basic employee information, the number of overtime hours worked, as well as the details of and justification for the overtime.
Overtime is voluntary and employees have the right to refuse. There is at least one case (SEAWUSA v Trident Steel (1986) 7 ILJ 86 (IC)) where the court held that an employer can dismiss employees who persistently and unreasonably refuse to work overtime.
Mandatory overtime may be regarded as unlawful unless it meets at least one of the five (5) conditions provided in Article 89 of the Labor Code of the Philippines which provides the rules about Emergency Overtime Work or the only circumstances when an employer may require his or her employees to perform overtime labor.
Legally, your employer can't make you work more than 48 hours a week, including overtime. If they want you to work more than that, your employer has to ask you to opt out of the 48-hour limit. Find out more about the maximum weekly working time limit.
The State requires an employer to pay mandatory overtime to employees in the workforce, unless otherwise exempt, at the rate of 1½ times, the employee's regular rate of pay for all hours worked in excess of 40 hours in a workweek.
Under Federal law, there is no limit on the amount of overtime that an employee may be required to work, although some states including New York do regulate mandatory overtime which is the amount of overtime some workers may work, including mandatory overtime for nurses and other healthcare professionals.
Legally, your employer can't make you work more than 48 hours a week, including overtime. If they want you to work more than that, your employer has to ask you to opt out of the 48-hour limit.
