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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.
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.