Guide to New York Overtime Laws
If you have worked longer than a 40 hour week in New York, you may be wondering if you qualify for overtime pay. Overtime pay exists as a provision of the federal Fair Labor Standards Act, and is required for many types of employees according to federal and NY overtime laws. This guide can help you understand whether you qualify for overtime pay and whether your employer has been in compliance with New York overtime laws.
Who Qualifies For Overtime?
Not all workers are eligible to receive overtime pay according to NY overtime laws. Some types of employees are considered “exempt” from New York overtime laws due to the nature of their job responsibilities. It is not true that only blue collar employees are eligible for overtime—in fact, unless you meet one of a few exceptions, it's likely that your job does qualify for overtime according to Ne York overtime laws.
Workers are exempted from overtime pay if they work 80% or more of the time doing administrative, professional, or outside sales duties. NY overtime laws require overtime pay for other employees, including professionals or administrative employees who have other responsibilities for more than 20% of their work hours.
When is Overtime Paid?
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. Currently, NY overtime laws do not require overtime pay for hours worked in excess of 8 a day until the overtime number of 40 hours in a week has been reached.
There is no requirement in New York overtime laws for employers to pay double time for any number of hours worked. NY overtime laws also do not require employers to pay overtime for weekend or holiday work unless that work brings the worker to a total of more than 40 hours in a week.
Common Violations of New York Overtime Laws
Some employers violate NY overtime laws by refusing to pay employees time and a half for overtime hours. If your employer has declared your position exempt from overtime, even though you do not qualify as exempt under the state's regulations, they are violating New York overtime laws. Another common violation of NY overtime laws occurs when an employer cuts an employees hours for the next week to avoid paying overtime or allows employees to “bank time.” Overtime is calculated on a weekly basis according to New York overtime laws, and your employer is not allowed to do this.
If you suspect that your employer has not compensated you fairly according to NY overtime laws, you may want to talk to the state Department of Labor's Wage and Hours division or consult with an employment attorney. Often, your employer can be compelled to pay missing overtime wages and it is illegal for employers to retaliate against employees who have sought fair compensation under New York overtime laws.