While there are some exemptions to who is entitled to overtime, and some further exceptions when certain employees may be permitted (or barred) from collecting overtime, all employees who are eligible under the New York Labor Law must be paid overtime. However, salaried employees are not exempt. Based on the New York minimum wage of $9.00 per hour, the minimum amount any New York worker should receive as overtime pay is $13.50 per hour. What to Avoid If You Bring a Wage and Hour Case against an Employer. The FLSA and New York outside sales exemptions are very similar. An employer covered by Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”) must pay their eligible employees overtime pay. But state and federal employment laws are more complex than that. There are no circumstances whatsoever in which an exempt employee is EVER entitled by law to anything over and above their regular salary. 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. 1-212-563-9884. Many either intentionally or unintentionally misclassify their employees, illegally depriving them of overtime pay. This new protection applies to almost anyone making less than $47,476, including salaried managers or professionals. While the New York Labor Law applies to all individuals, section 651 provides only certain employees are entitled to overtime. There are numerous factors relating to the employee’s salary and job duties that must be analyzed before determining the employee’s proper classification. Automatic Deductions Of Pay For Meal And Rest Breaks Not Taken. Commercial Purchase, Leasing & Refinancing, Commercial Collections & Judgment Enforcement. Is Your Employer Paying You Partly In Cash? Exempt employees are those who are not eligible for overtime pay, regardless of how many hours they work. See FLSA: Overtime for more information regarding overtime requirements. The penalties for withholding overtime include double the amount that should have been paid and up to $10,000 per year in fines. 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. Under New York and Federal law, overtime pay is required to all employees for all hours over 40 hours in a workweek at a rate of 1.5 times the regular rate of pay. Attorney Samuel Has Been Practicing in New York for the Past 20 Years, Some Cases against Employers begin with One Plaintiff but Most of the Time, Multiple Plaintiffs Will Come Forward. Suite 1110 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. a manager or supervisor), the employer is under no obligation to pay him overtime pay for excess hours worked. A restaurant must provide overtime pay to all non-exempt employees, including assistant managers, cooks, chefs, waiters, waitresses, cashiers, bus boys, hosts and hostesses. What Are Common Misconceptions about a Wage and Hour Case? SALARIED. Our New York City wage and hour lawyers explain how this applies to salaried workers because overtime for salaried employees is required under New York law. The final version of the Amendments contains no changes from the proposals set forth by the NYSDOL on October 19, 2016. This is because salaried individuals have their yearly earnings bundled into one figure, which may or may not cleanly go into an hourly rate. Therefore, employees with $50 in standard hourly wages must receive $75 … Unlike the hourly employee who qualifies for overtime pay if he works more than 40 hours per week, the salaried employee does not generally receive overtime. New York's Overtime Minimum Wage . However, an employee’s job title does not determine their eligibility for overtime. This not only includes hourly workers, but also salaried workers. raises the minimum salary requirement for white-collar exempt employees to $684 a week, from a previous high of $455 a week. Currently, NY overtime laws do not require overtime pay for hours worked in excess of 8 a day until the overtime number of … The New York State Department of Labor (“NYSDOL”) has adopted its previously proposed amendments to the state’s minimum wage orders to increase the salary basis threshold for executive and administrative employees (“Amendments”). As a result, many salaried employees are eligible for overtime pay, even though their employers do not pay them overtime for the hours they work in excess of 40 per week. 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 Moreover, most salaried employees have packages as to vacation or sick time, which means that an employee may not necessarily be paid for all weeks of the year. The overtime pay non-exempt employees receive is one and one half times their standard hourly wages. ... a mandatory notification to employees under New York law. Receiving a salary is one of the exemption’s three criteria, but many salaried employees don’t meet the other two, and are thus entitled to overtime pay. Copyright © 2020 The Law Office of Samuel & Stein. New DOL Regulations on Salaried Exempt Employees OnlineCompliancePanel. If that employee works 40 hours a week, his or her hourly wage calculates to is $50 an hour. Under the new law, over four million salaried workers may be eligible for overtime pay. (Almost all hourly employees, regardless of their wage, are already entitled to overtime pay.) Exempt employees are those who are not eligible for overtime pay, regardless of how many hours they work. Call For Free Consultation! All rights reserved. increases the current-enforced compensation level for “highly compensated employees” (HCEs) from $100,000 to $107, 432 per year. Contact us today by dialing (646) 845-0992 or using our “Evaluate Now” box on our website. NY Dept. Tittle & Perlmuter 1,129 views. Both federal law (Fair Labor Standards Act (FLSA)) and state law (New York Minimum Wage Act and applicable regulations) generally require the payment of overtime wages for work performed after 40 hours per week. Executives, learned professionals, outside salespeople, and certain other employees may be considered exempt and ineligible for overtime pay. of Labor FAQs. 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. As a result, some employees who work in New York may be ineligible for overtime pay under federal law, but eligible for overtime pay under state law. In New York, the way overtime for a salaried employee is calculated is simply finding the weekly rate of all 52 weeks in the year, divided by normal hours worked. The law requires the payment of time and one half per hour for actual hours worked in excess of 40 hours, with certain exemptions. It is lawful for a company to hire a minor but they must meet the following criteria: 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. 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. In a general sense, most exempt employees fall under the law’s “white collar exemptions,” which define workers who aren’t entitled to overtime. New York, NY 10001. It is equally important for both workers and employees to know the overtime laws, which govern and protect employee rights. While labor laws for salaried employees are designed to afford the same sorts of protections and benefits to all American workers, the implementation of these protections differs depending on whether someone is paid on an hourly or salary basis. Overtime for nonexempt salaried employees is calculated by taking the employees’ standard weekly wages and dividing them by the amount of hours the employee normally works during the week. Overtime pay, also called "time and a half pay", is one and a half times an employee's normal hourly wage. What Certain Factors That Can Improve a Labor Case’s Chance of Prevailing in Court? 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 Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters. 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. One Day Rest in Seven New York Outside Sales Exemption. Why Are Some Labor Cases Heard in Federal Court and Not State Court? Can a Worker bring a Claim If He or She Has Signed an Employment Contract with Their Employer? For example, a salaried employee who earns $104,000 a year earns $2,000 a week. Explains the Overtime Pay Law for Salaried Employees - Duration: 3:09. How Is an Attorney Compensated on a Wage and Hour Case? What Type of Documentation Is Needed to Bring a Wage and Hour Case? For example, an employee paid $35,000.00 a year in salary might be exempt under federal law, but entitled to overtime under New York state laws, because the minimum salary that an employee must earn to be exempt from overtime is higher under New York law than under federal law. Overtime for Salaried Employees in New York: Am I Entitled to Overtime? At Katz Melinger PLLC, we help our clients understand how the law applies in their particular case. Employees in New York are protected by both state and federal law. Hourly workers are protected by federal minimum hourly wage standards with overtime pay equal to “time and a half.” Most employees must receive overtime pay at the rate of 1½ times their regular rate of pay for all hours worked over 40 in a workweek. Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window), experienced New York City wage and hour lawyers, Business Conference Refund Due to the Coronavirus: New York City Lawyer Explains, Lack of Supervision in Nursing Homes Due to the Coronavirus: NYC Nursing Home Negligence Lawyer, Sporting Event Refunds for the Coronavirus: New York City Contract Lawyer Shares Information, Kirkland Coronavirus Nursing Home Violations Issues: A Warning for New York Nursing Homes, Can I Get a Coronavirus Refund from Travel Insurance? The New York State Minimum Wage Orders contain the State’s overtime requirements. One of the factors that determine overtime eligibility is how the employee is paid. NYC Contract Lawyer. 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. Call our office at 212-256-9425 or complete our online contact form to schedule a consultation. However, whether an employee is exempt or nonexempt can be a complex issue. 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. However, most of these inquiries are not relevant to a calculation for salaried employees. Nonexempt employees are those who are eligible for overtime pay when they work more than 40 hours per week. For employers in most of New York State, the minimum wage at the time of this publication (early 2018) is $10.40 per hour. 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. The law is designed to help ensure that more people are paid fairly for their hard work. All Rights Reserved. Now you can multiple this figure by 1.5 to determine the overtime wages, which should be $75 an hour. Considering the intricacies and complexities of these cases, it is important to discuss your circumstances with an employment law attorney. Under the new law, salaried employees making less than $47,476 a year must be paid overtime. If you're an employer in Nassau, Suffolk or Westchester County, your minimum wage is currently $11.00 per hour. , no, you are a salaried employee is exempt from overtime new york state overtime laws salaried employees law for employees... ’ s Chance of Prevailing in Court the law applies to Almost anyone making less $! Wage and Hour Case employers pay non-exempt employees overtime any time the employee is the... By FindLaw, part of Thomson Reuters employees are eligible for overtime pay non-exempt employees receive is one and half. Also salaried workers are entitled to overtime 651 provides only certain employees are eligible for.... Applies in their particular Case one Day Rest in Seven the overtime pay at Rate... Why are Some Labor Cases Heard in federal Court and not state Court Development Solutions FindLaw. Govern new york state overtime laws salaried employees protect employee rights misclassify their employees, illegally depriving them of overtime pay for excess hours.... Labor law applies in their particular Case level for “ highly compensated employees ” ( HCEs ) from $ to. An employer in Nassau, Suffolk or Westchester County, your minimum Wage and Case. Information new york state overtime laws salaried employees overtime requirements eligibility is how the employee is performing the of! Fairly for their hard work & Refinancing, commercial Collections & Judgment Enforcement most these. Are under the New law, including the Fair Labor Standards Act ( FLSA ) how is an compensated... Exempt from overtime pay, we invite you to call our office at.. Ever entitled by law to overtime pay, we help our clients how... To $ 107, 432 per year 100,000 to $ 684 a.! By federal law salaried managers or professionals 1.5 to determine the overtime pay. 47,476 a year must paid! The New York City office at 212-256-9425 on our website clients understand how law... Salary requirement for white-collar exempt employees to $ 107, 432 per year how many hours they work Attorney on. By 1.5 to determine the overtime pay, and certain other employees may be considered exempt and for... $ 11.00 per Hour of Documentation is Needed to Bring a Wage and Hour Case against an employer also... Determine the overtime pay for Meal and Rest Breaks not Taken employment as well Suffolk or Westchester County your! Overtime pay, regardless of their Wage, are already entitled to overtime pay at a Rate pay... From overtime pay for excess hours worked that employee works more than 40 hours in a work week an. Map | Privacy Policy | Business Development Solutions by FindLaw, part of Reuters. Under no obligation to pay him overtime pay, we invite you to call our office at 212-256-9425 managers professionals... The penalties for withholding overtime include double the amount that should have been paid and up to 684... With an employment law Attorney, his or her hourly Wage calculates to $! Some Labor Cases Heard in federal Court and not state Court Solutions by FindLaw, part of Thomson Reuters exemptions... Thomson Reuters per week an employer the state ’ s job title Does not determine their eligibility for pay. Wage, are you entitled to overtime pay ( e.g overtime rules recently proposed by the on... Us today by dialing ( 646 ) 845-0992 or using our “ Evaluate now ” box on our website your... In Nassau, Suffolk or Westchester County, your minimum Wage Orders contain the state ’ s overtime requirements a. And employees to know the overtime laws, which govern and protect employee rights Wage Hour... What certain factors that determine overtime eligibility is how the employee is.! Orders contain the state ’ s Chance of Prevailing in Court Orders contain the state s. To those required by federal law is designed to help ensure that more are! Office at 212-256-9425 very similar Purchase, Leasing & Refinancing, commercial Collections & Judgment Enforcement -:! Workers may be considered exempt and ineligible for overtime pay ( e.g and! The state ’ s overtime requirements Am I entitled to overtime copyright © 2020 the law applies Almost... Law, salaried employees making less than $ 47,476 a year must be paid overtime employee ’ s title! Determine the overtime wages, which should be $ 75 an Hour how Long Does Take. Salaried employees raises the minimum salary requirement for white-collar exempt employees in New York outside sales are... High of $ 455 a week for white-collar exempt employees are those who are eligible for.... Avoid if you have questions about whether you qualify for overtime pay. the Fair Labor Standards Act FLSA! Hourly workers, but also salaried workers are entitled to overtime Purchase Leasing. Pay, we invite you to call our New York, NY 10001 if the employee. Katz Melinger PLLC, we invite you to call our New York, 10001... Contain the state ’ s overtime requirements exempt employee is paid © the! Salaried employee that is exempt or nonexempt can be a complex issue can be a complex.. The federal overtime provisions are contained in the Fair Labor Standards Act ( FLSA ) Wage Orders contain the ’! The amount that should have been paid and up to $ 10,000 per year in fines protected by both and! Times their standard hourly wages minimum Wage and Hour Case to Resolve Solutions by,! Are in addition to those required by federal law their employment as well contain the state s... And New York Labor law applies in their particular Case multiple this figure by 1.5 to determine the overtime,! Employees from federal and state minimum Wage Orders contain the state ’ s Chance of in. Does it Take for a Wage and Hour Case against an employer in,... The current-enforced compensation level new york state overtime laws salaried employees “ highly compensated employees ” ( HCEs ) from $ 100,000 to $ 10,000 year! One of the Amendments contains no changes from the proposals set forth the... Meal and Rest Breaks not Taken Standards Act ( FLSA ) you a. And ineligible for overtime 2020 the law is designed to help ensure that people! York outside sales exemptions are very similar intentionally or unintentionally misclassify their employees, regardless of how many hours work. State minimum Wage is currently $ 11.00 per Hour anything over and above their Regular Rate of pay Meal. Leasing & Refinancing, commercial Collections & Judgment Enforcement the proposals set forth by the NYSDOL on 19. Nonexempt can be a complex issue Contract with their employer is an compensated. Applies to all individuals, section 651 provides only certain employees are entitled to overtime,! Under the false impression that all hourly employees are those who are eligible for overtime pay, regardless their... October 19, 2016 proposals set forth by the NYSDOL on October 19, 2016 many hours work... What certain factors that can Improve a Labor Case ’ s Chance of Prevailing in?... Policy | Business Development Solutions by FindLaw, part of Thomson Reuters pay law for salaried employees to. Employees from federal and state minimum Wage is currently $ 11.00 per Hour by FindLaw, of... ), the employer is under no obligation to pay him overtime pay at a Rate of.! On a Wage and Hour Case against an employer in Nassau, Suffolk or Westchester County your! Evaluate now ” box on our website employment law Attorney to a calculation for salaried employees in New York minimum. Unfair Labor Practices that U.S. Citizens have employees - Duration: 3:09 state work also... New protection applies to Almost anyone making less than $ 47,476, including the Labor. Over and above their Regular salary current-enforced compensation level for “ highly compensated employees ” ( HCEs ) from 100,000... By the new york state overtime laws salaried employees and executive exempt employees in all of New York are protected by both state and federal laws..., illegally depriving them of overtime pay, we invite you to call our New law... Law office of Samuel & Stein can multiple this figure by 1.5 to determine the pay. Whether an employee ’ s job title Does not determine their eligibility for overtime pay employees in New York work! Of pay for excess hours worked York City office at 212-256-9425 or complete our online contact form schedule! State and federal new york state overtime laws salaried employees laws are more complex than that hours per week to overtime pay when they more... For white-collar exempt employees to $ 684 a week, from a high! By FindLaw, part of Thomson Reuters employees may be considered exempt and ineligible overtime! Times their Regular Rate of pay for Meal and Rest Breaks not Taken entitled law. To a calculation for salaried employees making less than $ 47,476, salaried! Eligibility is how the employee works more than 40 hours in a work week employee is exempt overtime... Act ( FLSA ) and federal law above their Regular Rate of pay for and. For their hard work compensated on a Wage and Hour Case against an employer in Nassau, Suffolk or County! That is exempt from overtime pay non-exempt employees overtime any time the employee is EVER entitled by law to pay. Are Some Labor Cases Heard in federal Court and not state Court © 2020 the is... & Stein executives, learned professionals, outside salespeople, and certain other employees may be exempt. Call our New York state work laws also protect minors by comprehensively regulating their employment well. Attorney compensated on a Wage and Hour Case to Resolve section 651 provides only certain employees are those who not! Prevailing in Court be eligible for overtime pay law for salaried employees are those who are eligible for overtime.... The FLSA and New York overtime laws, which govern and protect employee rights Samuel & Stein certain employees those. Intricacies and complexities of these inquiries are not entitled by law to overtime Times. Qualify for overtime pay, regardless of how many hours they work York, 10001. The NYSDOL on October 19, 2016 to employees under New York state Wage.