Unless specifically exempted by statute, all New York employees are entitled to receive premium pay for time worked over and above 40 hours in a week.
Executives – are exempt if they manage a department; supervise two, or more, full-time employees; can make personnel decisions, such as hiring and firing; and earn a minimum salary of $543.75 per week.
Administrators – are exempt if they do non-manual labor connected with management; are able to use independent judgment; assist an executive; work under general supervision; and earn a minimum salary of $543.75 per week.
Professionals – are exempt if their job requires advanced knowledge in an area that typically involves lengthy study; do work considered intellectual; are able to use independent judgment; and earn a minimum salary of $543.75 per week.
Sales People – are exempt if sales are their main job function; at least 50% of their income is from commissions; and earn a minimum salary of $543.75 per week.
Once an employee works over 40 hours, he/she is entitled to a higher pay rate. Employers may NOT average an employee’s hours over multiple weeks.
Employees are entitled to one-and-a-half times their typical pay rate for time they work in excess of 40 hours.
All employers have to post a Department of Labor poster that summarizes overtime laws. The state will also provide a summary, if requested, at no charge.
All employers have to track its employees’ hours worked and the wages they are to receive. Employers do not have to keep such records for exempt employees.
Under New York and/or federal laws, employees who have been denied overtime pay may be entitled to recovery of back pay, liquidated damages, attorney’s fees, and costs.
Our New York wage and hour attorneys have experience litigating claims against employers who have wrongfully denied employees proper overtime benefits. If you believe your employer has failed to pay you in accordance with the law, please call us at (973) 509-8500 to schedule a consultation.