These requirements are in addition to those required by federal law, including the Fair Labor Standards Act (FLSA). Automatic Deductions Of Pay For Meal And Rest Breaks Not Taken. One of the factors that determine overtime eligibility is how the employee is paid. Salaried Employees And Overtime Pay Employees in New York are protected by both state and federal law. 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. 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. NY Dept. 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. Executives, learned professionals, outside salespeople, and certain other employees may be considered exempt and ineligible for overtime pay. Many either intentionally or unintentionally misclassify their employees, illegally depriving them of overtime pay. ... a mandatory notification to employees under New York law. Currently, NY overtime laws do not require overtime pay for hours worked in excess of 8 a day until the overtime number of … While the New York Labor Law applies to all individuals, section 651 provides only certain employees are entitled to overtime. If you are a salaried exempt employee, no, you are not entitled by law to overtime. There are no circumstances whatsoever in which an exempt employee is EVER entitled by law to anything over and above their regular salary. Is Your Employer Paying You Partly In Cash? One Day Rest in Seven a manager or supervisor), the employer is under no obligation to pay him overtime pay for excess hours worked. The new federal overtime rules recently proposed by the ... and executive exempt employees in all of New York State. 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. This not only includes hourly workers, but also salaried workers. The FLSA and New York outside sales exemptions are very similar. Explains the Overtime Pay Law for Salaried Employees - Duration: 3:09. Can a Worker bring a Claim If He or She Has Signed an Employment Contract with Their Employer? What Are Common Misconceptions about a Wage and Hour Case? For employers in most of New York State, the minimum wage at the time of this publication (early 2018) is $10.40 per hour. The law is designed to help ensure that more people are paid fairly for their hard work. raises the minimum salary requirement for white-collar exempt employees to $684 a week, from a previous high of $455 a week. All Rights Reserved. Many people are under the false impression that all hourly employees are eligible for overtime pay, and all salaried employees are not. 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. 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 … 38 West 32nd Street Overtime pay, also called "time and a half pay", is one and a half times an employee's normal hourly wage. Exempt employees are those who are not eligible for overtime pay, regardless of how many hours they work. All rights reserved. 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. This new protection applies to almost anyone making less than $47,476, including salaried managers or professionals. However, there are exemptions for certain salaried employees from federal and state minimum wage and overtime pay requirements. For example, a salaried employee who earns $104,000 a year earns $2,000 a week. Employees in New York are protected by both state and federal law. Suite 1110 In a general sense, most exempt employees fall under the law’s “white collar exemptions,” which define workers who aren’t entitled to overtime. Hourly workers are protected by federal minimum hourly wage standards with overtime pay equal to “time and a half.” An employer covered by Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”) must pay their eligible employees overtime pay. 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 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. Copyright © 2020 The Law Office of Samuel & Stein. New York, NY 10001. The law requires the payment of time and one half per hour for actual hours worked in excess of 40 hours, with certain exemptions. 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. If You Are a Salaried Employee, Are You Entitled to Overtime Pay? 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. It is lawful for a company to hire a minor but they must meet the following criteria: 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. Considering the intricacies and complexities of these cases, it is important to discuss your circumstances with an employment law attorney. 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. What Type of Documentation Is Needed to Bring a Wage and Hour Case? Salaried Workers are Entitled to Overtime Pay at a Rate of 1.5 Times Their Regular Rate of Pay. The New York State Minimum Wage Orders contain the State’s overtime requirements. 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. MINIMUM WAGE & OVERTIME WAGE RATE - The New Jersey State Wage and Hour Law establishes a minimum wage rate and overtime rate for all workers in New Jersey that are covered by the Act. 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”). While the New York Labor Law applies to all individuals, section 651 provides only certain employees are entitled to overtime. However, salaried employees are not exempt. Exempt employees are those who are not eligible for overtime pay, regardless of how many hours they work. New York labor laws require an employer to pay overtime to employees, unless otherwise exempt, at the rate of 1½ times the employee’s regular rate of pay for all hours worked in excess of 40 hours in a workweek. The penalties for withholding overtime include double the amount that should have been paid and up to $10,000 per year in fines. New York's Overtime Minimum Wage . 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. What Certain Factors That Can Improve a Labor Case’s Chance of Prevailing in Court? If you earn more then the New York minimum wage rate, you are entitled to at least 1.5 times your regular hourly wage for all … Call our office at 212-256-9425 or complete our online contact form to schedule a consultation. 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. 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. But state and federal employment laws are more complex than that. If you're an employer in Nassau, Suffolk or Westchester County, your minimum wage is currently $11.00 per hour. Call For Free Consultation! See FLSA: Overtime for more information regarding overtime requirements. of Labor FAQs. Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters. 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. Now you can multiple this figure by 1.5 to determine the overtime wages, which should be $75 an hour. 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. Do Undocumented Workers Have the Same Protection against Unfair Labor Practices That U.S. Citizens Have? Why Are Some Labor Cases Heard in Federal Court and Not State Court? 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. How Is an Attorney Compensated on a Wage and Hour Case? However, an employee’s job title does not determine their eligibility for overtime. A non-exempt employee receives overtime for … increases the current-enforced compensation level for “highly compensated employees” (HCEs) from $100,000 to $107, 432 per year. Nonexempt employees are those who are eligible for overtime pay when they work more than 40 hours per week. 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. There are numerous factors relating to the employee’s salary and job duties that must be analyzed before determining the employee’s proper classification. The final version of the Amendments contains no changes from the proposals set forth by the NYSDOL on October 19, 2016. A restaurant must provide overtime pay to all non-exempt employees, including assistant managers, cooks, chefs, waiters, waitresses, cashiers, bus boys, hosts and hostesses. New York Outside Sales Exemption. 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 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. 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. However, most of these inquiries are not relevant to a calculation for salaried employees. 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? Nonexempt employees are those who are eligible for overtime pay when they work more than 40 hours per week. 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. New DOL Regulations on Salaried Exempt Employees OnlineCompliancePanel. It is equally important for both workers and employees to know the overtime laws, which govern and protect employee rights. 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. © 2020 Katz Melinger PLLC. If the salaried employee is performing the responsibilities of a salaried employee that is exempt from overtime pay (e.g. New York state work laws also protect minors by comprehensively regulating their employment as well. 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. Contact us today by dialing (646) 845-0992 or using our “Evaluate Now” box on our website. At Katz Melinger PLLC, we help our clients understand how the law applies in their particular case. The Fair Labor Standards Act (FLSA) is a federal law that sets the criteria to determine which employees are entitled to overtime based on duties performed, level of responsibility, decision-making authority and level of Are Salaried Employees Entitled To Overtime Pay? 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. Overtime for Salaried Employees in New York: Am I Entitled to Overtime? SALARIED. However, whether an employee is exempt or nonexempt can be a complex issue. The federal overtime provisions are contained in the Fair Labor Standards Act (FLSA). 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. 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. 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. Under the new law, over four million salaried workers may be eligible for overtime pay. Therefore, employees with $50 in standard hourly wages must receive $75 … This is because salaried individuals have their yearly earnings bundled into one figure, which may or may not cleanly go into an hourly rate. 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. NYC Contract Lawyer. If that employee works 40 hours a week, his or her hourly wage calculates to is $50 an hour. 1-212-563-9884. Under the new law, salaried employees making less than $47,476 a year must be paid overtime. What to Avoid If You Bring a Wage and Hour Case against an Employer. 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 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. Tittle & Perlmuter 1,129 views. Commercial Purchase, Leasing & Refinancing, Commercial Collections & Judgment Enforcement. What Criteria Makes a Legitimate Labor Case? The overtime pay non-exempt employees receive is one and one half times their standard hourly wages. 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. (Almost all hourly employees, regardless of their wage, are already entitled to overtime pay.) 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. 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. How Long Does It Take for a Wage and Hour Case to Resolve? Several laws govern overtime in New York state, including the federal Fair Labor Standards Act (FLSA) and New York State Labor 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. 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