New York Employment Law Blog

Thursday, March 16, 2017

An Overview of New York Overtime Laws

Like many states, New York has mandatory overtime laws that employers must follow under most circumstances. Generally, you should be paid your full wage plus time and a half of your hourly wage for each hour you work over 40 hours. The 40 hours is based on a payroll week, not because you work over eight hours per day or because you work on a weekend.

If an employer does not pay you these overtime benefits, you may have a legal claim for wage and hour violations. Your employer may be forced to pay you properly and could face fines or sanctions.

Exempt Employees in New York

Not every employee is covered by the general overtime laws in New York. Certain types of workers, because of their industry or rate of pay, are exempt from normal overtime laws. The exempt employees in New York are similar to the federal exemptions.

Certain types of workers, such as those who work in movie theaters or agriculture, do not follow normal overtime rules. Outside sales employees are generally exempt as well. In most circumstances, however, the real test of whether a worker is exempt from overtime laws is how much they get paid, how they are paid, and the type of work that they do.

Under the federal law, exempt employees who are paid via salary must make at least $455 per week, or they should receive overtime benefits. New York, however, has a higher rate than the federal minimum based on the cost of living in certain areas of the state. New York City, for example, can be as much as twice the national rate.

Hospitality and Residential Workers

Certain residential workers and those who work in hospitality (often referred to as “live-in” workers) are required to have at least 44 hours worked per payroll week to start receiving overtime pay. The typical 40-hour work week does not apply to these employees. Further, some employees who work for resort hotels can receive overtime hours for the seventh consecutive day in any week.

Domestic workers are also entitled to at least one day of rest every seven days or overtime pay if they agree to work for that day. The one day of rest is an entire 24 hours. Employees are also entitled to three paid days of rest each year after working for the same employer for at least one year.

These rights are included in New York’s Domestic Workers Bill of Rights, which went into law in 2010. It was considered the first law of its kind in the United States. However, this rule does not apply to domestic workers who work only part-time in the home or workers that are related to their employers or the persons for whom they provide care.

Your Right to Overtime Pay

If you believe that you are entitled to overtime pay, but the employer is not providing this benefit, a legal claim based on a violation of both New York and federal law may be available. Employment laws are designed to protect workers so that employers do not take advantage of their staff. For legal help, contact the team at Law Offices of Yale Pollack, P.C. by calling 516-262-5028.


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