Therefore, employees with $50 in standard hourly wages must receive $75 … This list of individuals exempt from overtime includes executives and administrative professionals, state and government workers, and members of religious organizations, to just name a few exemptions. At Katz Melinger PLLC, we help our clients understand how the law applies in their particular case. These workers were previously not eligible for overtime pay because they were paid an annual salary of at least $23,660, the previous minimum threshold for salaried employees. Salaried Employees And Overtime Pay Employees in New York are protected by both state and federal law. Call For Free Consultation! Employees in New York are protected by both state and federal law. 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. If you are a salaried exempt employee, no, you are not entitled by law to overtime. One Day Rest in Seven NYC Contract Lawyer. A non-exempt employee receives overtime for … 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? 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. New York Employment Law Attorneys Shed Light on Daily and Weekly Hour Restrictions Understanding applicable wage and hour laws is key to your career At Hepworth, Gershbaum & Roth, PLLC, we know that the success of an organization depends directly on its employees’ hard work and dedication. Therefore, New York's overtime minimum wage is $17.70 per hour, one and a half times the regular New York minimum wage of $11.80 per hour. Can a Worker bring a Claim If He or She Has Signed an Employment Contract with Their Employer? New York Outside Sales Exemption. Additionally, sometimes state law and federal law differ, such as in setting the amount of salary that an employee must be paid to be classified as exempt. Eligible for Overtime With a few exceptions, all hourly employees who work more than 40 hours per week Most salaried employees who work more than … For example, a salaried employee who earns $104,000 a year earns $2,000 a week. Considering the intricacies and complexities of these cases, it is important to discuss your circumstances with an employment law attorney. Now you can multiple this figure by 1.5 to determine the overtime wages, which should be $75 an hour. (Almost all hourly employees, regardless of their wage, are already entitled to overtime pay.) 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”). If the salaried employee is performing the responsibilities of a salaried employee that is exempt from overtime pay (e.g. For employers in most of New York State, the minimum wage at the time of this publication (early 2018) is $10.40 per hour. raises the minimum salary requirement for white-collar exempt employees to $684 a week, from a previous high of $455 a week. There are no circumstances whatsoever in which an exempt employee is EVER entitled by law to anything over and above their regular salary. New York overtime laws state that employees who are not exempt from the overtime regulations (non-exempt employees) must be paid at 1 ½ times their regular hourly rate of pay for all overtime hours. Do Undocumented Workers Have the Same Protection against Unfair Labor Practices That U.S. Citizens Have? What Type of Documentation Is Needed to Bring a Wage and Hour Case? The law requires the payment of time and one half per hour for actual hours worked in excess of 40 hours, with certain exemptions. Overtime for Salaried Employees in New York: Am I Entitled to Overtime? Nonexempt employees are those who are eligible for overtime pay when they work more than 40 hours per week. Overtime pay, also called "time and a half pay", is one and a half times an employee's normal hourly wage. The federal overtime provisions are contained in the Fair Labor Standards Act (FLSA). Several laws govern overtime in New York state, including the federal Fair Labor Standards Act (FLSA) and New York State Labor Law. 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. Explains the Overtime Pay Law for Salaried Employees - Duration: 3:09. New York's Overtime Minimum Wage . 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. If You Are a Salaried Employee, Are You Entitled to Overtime Pay? For an employee to be considered exempt from federal overtime laws, their specific job duties and salary must meet all the requirements set by either the U.S. Department of Labor or the New York State Labor Law. 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. 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 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. Many either intentionally or unintentionally misclassify their employees, illegally depriving them of overtime pay. Executives, learned professionals, outside salespeople, and certain other employees may be considered exempt and ineligible for overtime pay. All rights reserved. However, there are exemptions for certain salaried employees from federal and state minimum wage and overtime pay requirements. The law is designed to help ensure that more people are paid fairly for their hard work. Under both federal and New York law, employers must pay non-exempt employees at least the minimum wage for each hour worked and 1.5 times their regular rate of pay whenever they work more than 40 hours in a workweek. However, an employee’s job title does not determine their eligibility for overtime. For example, employees who earn $1,500 in standard gross weekly wages and who work 40 hours a week have standard hourly wages of $37.50. 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. 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. However, whether an employee is exempt or nonexempt can be a complex issue. 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. The new federal overtime rules recently proposed by the ... and executive exempt employees in all of New York State. What Criteria Makes a Legitimate Labor Case? The final version of the Amendments contains no changes from the proposals set forth by the NYSDOL on October 19, 2016. Are Salaried Employees Entitled To Overtime Pay? 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