What Is The Law Regarding Overtime?
Covered employees who work overtime must be paid at a rate that is one and onehalf times their regular hourly rate of pay. For nonresidential employees, this overtime rate applies to all time over 40 hours in a payroll week. For residential employees ("livein" workers), this overtime rate applies to all time over 44 hours in a payroll week.
Some categories of employees are excluded from New York State's overtime provisions. These state exemptions from the requirement for overtime pay are identical to the federal overtime exemptions outlined in the Fair Labor Standards Act (FLSA), listed by the U.S. Department of Labor, Wage and Hour Division at:
Employees covered by a State Minimum Wage Order must be paid for overtime hours at one and onehalf times the basic minimum wage of $5.15 per hour.
Get Help from an Experienced Employment Law Attorney
Have you been discriminated against by a potential or current employer -- as a job applicant or current employee? To best protect your legal rights you should discuss your situation with an employment lawyer. Meet with a local employment for employees attorney sooner rather than later to protect your rights.
Additional Employment Law for Employees Articles
- New York Employment Law
- What is the current minimum wage in New York State?
- Must My Employer Provide For Rest And/Or Meal Periods?
- Must An Employer Pay Employees For Holidays, Sick Time And/Or Vacations?
- Can An Employee Be Fired Without Due Cause?
- When Is The Last Check Due To A Terminated Employee?
- How Can Employees Obtain Assistance In Collecting Wages Owed To Them By Their Employer?
- How Do I Apply For Unemployment Insurance?
- How Do I Qualify For Unemployment Benefits?
- How Is My Weekly Benefit Rate Determined?
- How Do I Claim My Weekly Benefits?
- Are Unemployment Insurance Benefits Taxable?
- What Is The Minimum Age For Employment?
- Is An Employment Certificate Required?
- Are Certain Occupations Prohibited For Minors?
- What Are The Restrictions On The Hours A Minor Can Work?
- If An Employer Complies With The State Law Does That Guarantee Compliance With The Federal Law Or If The Employer Complies With Federal Law Does That Guarantee Compliance With State Law?
- When Is An Employer Liable For Unemployment Taxes?
- How Does An Employer Register As An Employer?
- What Is Required Once An Employer Is Determined Liable?
- What Are The Unemployment Tax Rates?
- Do I Have To Look For Work While Collecting Unemployment Insurance Benefits?