New York Overtime Laws
Do you believe that you’re not being paid fairly and correctly by your employer under New York and FLSA overtime laws? If yes, contact The Hedgepeth Law Firm today for a free legal consultation.
In New York State, unfortunately, some employers either ignore or abuse State and Federal overtime laws. The following information will help you understand the New York State labor laws, overtime. They also cover N.Y. State salary overtime laws listed under Section 651.
Who Should Be Paid Overtime in New York State?
In New York state, as with every other, the Federal Labor Standards Act (FLSA) sets overtime requirements for employees. New York State Minimum Wage Orders also sets the overtime requirements in our state. Some employment contracts also have stipulations for covering overtime hours over and above both State and Federal laws.
Most employees are legally entitled to 1.5 times their regular pay rate after they have worked 40 hours in any given workweek. (Time and a half.) However, certain employees are only eligible for this after 44 hours. (Specifically, residential employees.)
There are several occupations that, under FLSA laws, are exempted from overtime but, under the New York State laws, may still be entitled to it. (This is regardless of your regular pay.) However, those occupations exempted from both include:
- Outside sales personnel
- Farm laborers
- Federal, States and Municipal government employees
- Taxi drivers
- Certain Volunteers
- Several others
Some occupations still covered by N.Y. State Salary Overtime Laws include employees of:
- Charter and Private schools
- Not for Profit corporations
- Individuals working for a New York school district who are not teachers.
Overtime Is paid Based on the Workweek, Not Workday
Overtime is paid in New York State based on a 40 (or 44) hour workweek. However, if an employee who is entitled to overtime works, for example, 12 hours in one day but less than 40 hours in one week, overtime pay is not required.
Do you believe that you’re not being paid fairly and correctly by your employer under New York and FLSA overtime laws? If yes, contact overtime lawyer, Travis Hedgpeth, today for a free legal consultation.