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Who is eligible for Overtime Pay in NY?

overtime.pay.money.clock.jpgDo you work more than 40 hours per week for your employer? If so, you may be entitled to overtime pay from your employer, and may even be owed back wages, as well, irrespective of whether you are compensated hourly or salaried. Our Award winning New York Employment Lawyer has advised and counseled clients regarding their rights to minimum wage and overtime pay under the state and federal law. Keep reading to learn about a common misconception about overtime pay.

When is Overtime Paid?

Many employers may be under the belief that overtime pay only applies to hourly workers. In fact, many salaried employees are entitled to overtime pay, under both the Fair Labor Standards Act (FLSA) and New York State Labor Law.

Overtime laws mandate that employers pay non-exempt employees overtime any time the employee works in excess of 40 hours in a workweek. Overtime laws, however, do not require overtime pay for hours worked in excess of 8 a day nor do they require employers to pay overtime for weekend or holiday work unless that work brings the worker to a total of more than 40 hours in a week or have been previously negotiated.

Who is Exempt?

Some employees are exempt from the overtime pay provisions. Commonly used exemptions include but are not limited to:

• Commissioned sales employees of retail or service establishments if more than half of the employee’s earnings come from commissions and the employee averages at least one and one-half times the minimum wage for each hour worked;

• Certain computer professionals;

• Drivers, driver’s helpers, loaders, and mechanics if employed by a motor carrier, and if the employee’s duties affect the safety of operation of the vehicles in transportation of passengers or property in interstate or foreign commerce;

• Salesmen, partsmen and mechanics employed by automobile dealerships;

• Seasonal and recreational establishment employees; and
• Executive, administrative, professional, and outside sales employees who are paid on a salary basis (with a minimum salary).

Exemptions, however, are narrowly construed against the employer asserting them and the ultimate burden of supporting the actual application of an exemption rests on the employer.

Finally, big changes to federal regulations are on the horizon as to what qualifies for exemptions. Look for changes in the early months of 2016 for the latest news on changes to federal and state regulations.

Know.Your.Rights.Dollar.Photo.Club.3.9.15.jpgEveryone’s situation is unique and whether you are entitled to overtime is fact specific and depends on the circumstances. This is a general discussion and only touches a few of the issues. If you have any questions as to whether you are entitled to overtime wages or are exempt or not, contact our office to speak with our Award-Winning NY Employment Lawyer at (800) 893-9645 to learn your rights and options as a worker or learn best practices, compliance issues and related considerations as a business.

Disclaimer: Thank you for visiting our Blog. This blog provides general information and thoughts about various employment law issues primarily in the New York Tri-State area and occasionally in other areas. You are welcome to read the posts. However, do not construe any content on this blog as legal advice or the creation of an attorney-client relationship. Again, we provide the content only for informational purposes. You should not make decisions based information on our blog since the application of the law depends on the facts and each situation may be different. In addition, the law in most jurisdictions is different and changes constantly and we make no representations that any information on our blog has been updated. The Blog should not be used as a substitute for competent legal advice from an experienced attorney in your state or jurisdiction. From time to time, a blog post may discuss a legal case – please note that the post may not contain the most to update information on the case as developments may have occurred after it was created.