Employment

New York Overtime Laws

New York Overtime Laws

November 30
00:00 -0001

New York Overtime Laws

 

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. 

 

Share

About Author

admin

admin

Related Articles

Employment News

Finally a Good Sign: Jobless Claims Drop Finally a Good Sign: Jobless Claims Drop After rising as high as 670,000 during the economic crisis, weekly jobless claims are now roughly half that level.
 Woman Says Candy Company Fired Her for Orientation, Pregnancy Woman Says Candy Company Fired Her for Orientation, Pregnancy After having a complicated pregnancy and revealing that she was a lesbian among her coworkers, a woman says that Mars Chocolate North America fired her based on her sexual orientation and being a pregnant woman.
Justice Department Intervenes in Maryland Sex Discrimination Case Justice Department Intervenes in Maryland Sex Discrimination Case The Queen Anne's County Sheriff's Department in Maryland is facing the threat of severe legal consequences after the United States Department of Justice stepped in to take over a case from a former employee alleging sexual harassment.
Pharmaceutical Company Sued For Discriminating Against Women Pharmaceutical Company Sued For Discriminating Against Women Daiichi Sankyo, a Japanese manufacturer of pharmaceuticals, faces a class action lawsuit from several women who allege that the company discriminated against women, especially those who were pregnant or mothers.
EEOC: Burger King Must Allow Employee to Wear Skirt EEOC: Burger King Must Allow Employee to Wear Skirt A woman who adheres to a religious philosophy requiring her to wear long skirts instead of pants has settled with Burger King in an employment discrimination lawsuit.
Equal Employment Opportunity Tabulation Released Equal Employment Opportunity Tabulation Released On November 29, 2012, the Census Bureau released the 2006-2010 American Community Survey Equal Opportunity Tabulation.
17 MA Employers Fined for Employing Unlawful Employees 17 MA Employers Fined for Employing Unlawful Employees On November 14, 2012, Immigration and Customs Enforcement (ICE) reported that 17 Massachusetts employers received fines totaling $349,619.
Census Shows Steady Increase in Home-Based Workers Census Shows Steady Increase in Home-Based Workers On October 4, 2012, the United States Census Bureau announced that 4.
Seasonal Hiring May Boost Employment Outlook for Many Seasonal Hiring May Boost Employment Outlook for Many While recent reports are showing a slow growth in the job market, many workers will soon be relying on job opportunities that arise from the upcoming holiday season.
Employment Rates: Highest In Three Years Employment Rates: Highest In Three Years October has seen the highest number of employment for United State workers in three years, which has provided some hope for economic recovery in the near future.
Labor Board Facing Road Block Labor Board Facing Road Block The government agency that enforces the United States’ labor laws could be stripped of its powers next year.
GDP Grows 2.5%: What’s it mean for Employment? GDP Grows 2.5%: What’s it mean for Employment? The United States Commerce Department announced on Thursday that the economy grew at a 2.
Judge Questions New Employment Law Judge Questions New Employment Law Tallahassee—A circuit judge harshly questioned fundamental elements of Florida’s decision to force state workers to pay 3 percent of their annual salaries for retirement costs, raising the prospect that the new law could be deemed unconstitutional.

Guide To: Employment Lawyers

Guide to Finding Employee Lawyer Guide to Finding Employee Lawyer How do I find an Employee Lawyer?Employment law can cover a wide variety of areas but deal mostly with the relationship between companies and their employees.
Guide to Finding Workers Comp Lawyer Guide to Finding Workers Comp Lawyer How do I find Worker Comp Lawyers?Worker compensation is a program which can provide some financial help and compensation for those injured during the course of their employment.