New York state work laws also protect minors by comprehensively regulating their employment as well. The final version of the Amendments contains no changes from the proposals set forth by the NYSDOL on October 19, 2016. The federal overtime provisions are contained in the Fair Labor Standards Act (FLSA). Is Your Employer Paying You Partly In Cash? See FLSA: Overtime for more information regarding overtime requirements. Exempt employees are those who are not eligible for overtime pay, regardless of how many hours they work. Can a Worker bring a Claim If He or She Has Signed an Employment Contract with Their Employer? Employees who are exempt from the FLSA’s minimum wage and overtime laws include: executive, administrative, and professional employees and some computer workers; outside salespeople such as those who do sales away from the employer’s place of business, like a door-to-door salesperson Under the new law, salaried employees making less than $47,476 a year must be paid overtime. MINIMUM WAGE & OVERTIME WAGE RATE - The New Jersey State Wage and Hour Law establishes a minimum wage rate and overtime rate for all workers in New Jersey that are covered by the Act. Therefore, New York's overtime minimum wage is $17.70 per hour, one and a half times the regular New York minimum wage of $11.80 per hour. Unless exempt, employees covered by the Act must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay. If you earn more then the New York minimum wage rate, you are entitled to at least 1.5 times your regular hourly wage for all … Here at SAMUEL & STEIN, we are dedicated to answering questions and solving problems for employees and employers who have overtime issues, particularly New York City and Northern New Jersey. If you believe the restaurant you work for owes you overtime pay, it is best to consult an attorney who has experience with the FLSA and state overtime wage laws. Call our office at 212-256-9425 or complete our online contact form to schedule a consultation. Non-exempt employees in New York are entitled to overtime pay of 1.5 times their average hourly rate for every hour worked over 40 in a single week. There are no circumstances whatsoever in which an exempt employee is EVER entitled by law to anything over and above their regular salary. New York's Overtime Minimum Wage . 1-212-563-9884. Why Are Some Labor Cases Heard in Federal Court and Not State Court? If you have questions about whether you qualify for overtime pay, we invite you to call our New York City office at 212-256-9425. If you're an employer in Nassau, Suffolk or Westchester County, your minimum wage is currently $11.00 per hour. What to Avoid If You Bring a Wage and Hour Case against an Employer. The penalties for withholding overtime include double the amount that should have been paid and up to $10,000 per year in fines. Copyright © 2020 The Law Office of Samuel & Stein. New York Employment Law Attorneys Shed Light on Daily and Weekly Hour Restrictions Understanding applicable wage and hour laws is key to your career At Hepworth, Gershbaum & Roth, PLLC, we know that the success of an organization depends directly on its employees’ hard work and dedication. There are numerous factors relating to the employee’s salary and job duties that must be analyzed before determining the employee’s proper classification. These requirements are in addition to those required by federal law, including the Fair Labor Standards Act (FLSA). New York overtime laws require that employers pay non-exempt employees overtime any time the employee works more than 40 hours in a work week. However, salaried employees are not exempt. Employees in New York are protected by both state and federal law. However, whether an employee is exempt or nonexempt can be a complex issue. This means that a salaried employee who workers for more than 40 hours in a workweek is entitled to compensation for all hours above 40 hours at his or her regular rate of pay. a manager or supervisor), the employer is under no obligation to pay him overtime pay for excess hours worked. Under the new law, over four million salaried workers may be eligible for overtime pay. How Is an Attorney Compensated on a Wage and Hour Case? Executives, learned professionals, outside salespeople, and certain other employees may be considered exempt and ineligible for overtime pay. While these employees must be paid overtime, New York Law requires an overtime rate of 1.5 time the state minimum wage, regardless of the employee’s actual regular rate of pay. A: Under a new revision to the New York State Labor Law,196-b, employers are now responsible for providing sick leave to their employees as follows: employers with 4 or fewer employees in any calendar year, must provide each employee with up to 40 hours of unpaid sick leave in each calendar year Tittle & Perlmuter 1,129 views. Many either intentionally or unintentionally misclassify their employees, illegally depriving them of overtime pay. However, there are exemptions for certain salaried employees from federal and state minimum wage and overtime pay requirements. While it is easier to calculate an employee who is paid an hour rate by just multiplying that by 1.5, it is trickier to calculate a salaried employee’s overtime. Several laws govern overtime in New York state, including the federal Fair Labor Standards Act (FLSA) and New York State Labor Law. This not only includes hourly workers, but also salaried workers. For employers in most of New York State, the minimum wage at the time of this publication (early 2018) is $10.40 per hour. Now you can multiple this figure by 1.5 to determine the overtime wages, which should be $75 an hour. If you are salaried and not being paid overtime that you may be entitled to, please call our experienced New York City wage and hour lawyers to learn what your rights are under New York law. These workers were previously not eligible for overtime pay because they were paid an annual salary of at least $23,660, the previous minimum threshold for salaried employees. 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