Whenever you work at a job, you want to make sure that you get all of the pay that you’re entitled to receive. One aspect of this is to learn about the overtime laws in New York. Read on for a breakdown about what you should know about NY’s overtime laws.
The Relevant Law
The basis of this important employment law information is found in the Fair Labor Standards Act (FLSA), which is the federal law under the US Department of Labor. Every state (including New York) follows this law and also adds additional protections for employees if needed.
Who is Entitled to Overtime Pay in NYC?
Under the FLSA, employees are classified as either exempt from overtime pay or not exempt (eligible) for overtime pay.
Overtime Exemptions are:
- Executive exemptions
- Professional exemptions
- Administrative exemptions
- Computer exemptions
How Do You Know if You’re Exempt from Overtime Pay?
To determine your status, the first thing to do is to see if you meet the weekly salary requirement, which is at least $684 weekly. If you get at least this amount, then you’re eligible under the first criteria. The next requirement is that you fulfill the type of duties described by the FLSA. It doesn’t matter whether a nonexempt worker is salaried or not because they always have the right to overtime pay regardless of whether they are salaried employees or not.
What’s Considered Overtime in New York?
The FLSA considers all hours worked over 40 in a workweek as OT. These work hours are examples of what is not considered overtime in New York:
- Working over 8 hours in a single day: Unlike some states (such as California) that have a daily OT limit, New York does not. If you work 10-hour or 12-hour shifts, you will be paid a regular rate, not an OT rate, unless you go over 40 hours in a week.
- Working holidays, over the weekends, or at night: Unless this puts you over the 40 hours in a week, then it doesn’t matter when you’re working, you will get regular pay.
- Exception: The law is different for farmworkers; they are entitled to OT for every hour worked above 60 in a calendar week, in addition.
- Exception: If there’s an employee/employer agreement or collective bargaining agreement that requires the employer to pay overtime for nighttime shifts, over the weekend, or holiday work, then the agreement is enforceable.
Overtime Wages
The FLSA and New York Overtime Law are in sync regarding the overtime wage rate. If you’re a nonexempt employee, your overtime wage rate must not be less than 1.5 times their regular rate of pay.
However, there are differences between the federal and state law. Some employees are exempt from overtime under the FLSA but aren’t exempt under New York’s; they have the right to the overtime rate of 1.5 times the state minimum wage, not their regular rate of pay.
Payments Not Part of the Regular Rate
Some payments are not included in the regular hourly rate, including the following:
- Discretionary bonuses
- Gifts
- Pay for expenses incurred by employer
- Payments for vacation, illness, or holidays
- Premium payments for holiday and weekend work
- Premium payments for overtime work
Get Legal Help with New York Overtime Laws
If you’re not sure whether you’re entitled to overtime wages or you just need help understanding NY’s OT laws, then get help from an attorney familiar with employment and labor laws. Contact one of our MOWK Law attorneys as soon as possible to find out what to do in your situation.