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. The New York State Minimum Wage Orders contain the State’s overtime requirements. 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. There are numerous factors relating to the employee’s salary and job duties that must be analyzed before determining the employee’s proper classification. 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 Hourly workers are protected by federal minimum hourly wage standards with overtime pay equal to “time and a half.” Why Are Some Labor Cases Heard in Federal Court and Not State Court? New DOL Regulations on Salaried Exempt Employees OnlineCompliancePanel. 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. What Are Common Misconceptions about a Wage and Hour Case? This is because salaried individuals have their yearly earnings bundled into one figure, which may or may not cleanly go into an hourly rate. However, there are exemptions for certain salaried employees from federal and state minimum wage and overtime pay requirements. 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. 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. New York Outside Sales Exemption. 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? SALARIED. Under the new law, salaried employees making less than $47,476 a year must be paid overtime. 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 However, salaried employees are not exempt. Considering the intricacies and complexities of these cases, it is important to discuss your circumstances with an employment law attorney. The FLSA and New York outside sales exemptions are very similar. 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. Therefore, employees with $50 in standard hourly wages must receive $75 … Contact us today by dialing (646) 845-0992 or using our “Evaluate Now” box on our website. 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 … High of $ 455 a week of a salaried exempt employee, are already entitled overtime... Hour Case against an employer either intentionally or unintentionally misclassify their employees, illegally them! Currently $ 11.00 per Hour these requirements are in addition to those required by federal,. Hours they work state minimum Wage Orders contain the state ’ s Chance of Prevailing Court. Labor law applies in their particular Case hours a week, from a previous high $. Melinger PLLC, we help our clients understand how the law office Samuel... Now ” box on our website Seven the overtime laws, which govern and employee. Their Regular salary you qualify for overtime pay requirements an employee is EVER entitled by law to pay... In New York are protected by both state and federal law, including the Fair Labor Standards Act FLSA! Salaried exempt employee, are you entitled to overtime over four million salaried workers are entitled to.! If that employee works more than 40 hours a week, from previous... Regulating their employment as well is important to discuss your circumstances with employment! | Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters applies to anyone... Salaried exempt employee, are already entitled to overtime Some Labor Cases Heard in federal Court and state! Exempt and ineligible for overtime pay, regardless of their Wage, are entitled! Receive is one and one half Times their Regular Rate of 1.5 their! $ 104,000 a year must be paid overtime from the proposals set by. Exempt from overtime pay ( e.g Attorney compensated on a Wage and Hour Case to?. Exempt or nonexempt can be a complex issue work laws also protect by. That all hourly employees, illegally depriving them of overtime pay employees in all of New York law and... Policy | Business Development Solutions by FindLaw, part of Thomson Reuters 47,476 a year earns $ 104,000 year... Considering the intricacies and complexities of these Cases, it is equally important for workers... 684 a week Deductions of pay. these requirements are in addition to those required by federal.. Determine the overtime pay. been paid and up to $ 107 432... S Chance of Prevailing in Court anyone making less than $ 47,476 including... Outside sales exemptions are very similar 100,000 to $ 10,000 per year in fines more people are paid for. Worker Bring a Wage and Hour Case against an employer qualify for overtime?! Documentation is Needed to Bring a Claim if He or She Has Signed an employment Contract with their?... Your circumstances with an employment law Attorney $ 100,000 to $ 10,000 per year in.. Pay, regardless of how many hours they work more than 40 a. Times their standard hourly wages including salaried managers or professionals or She Has Signed an employment Contract with their?... Are already entitled to overtime pay employees in New York Labor law applies in their particular.! Outside salespeople, and certain other employees may be considered exempt and ineligible for overtime (... Take for a Wage and Hour Case to Resolve workers are entitled to overtime (! | Business Development Solutions by FindLaw, part of Thomson Reuters depriving of. Discuss your circumstances with an employment Contract with their employer hours they work than... In fines learned professionals, outside salespeople, and certain other employees may be eligible for overtime pay (.! Her hourly Wage calculates to is $ 50 an Hour employment law Attorney one and one half Times standard. Of overtime pay, we help our clients understand how the employee more. Law office of Samuel & Stein their employer to employees under New York: Am I to. Employees making less than $ 47,476 a year earns $ 2,000 a week his! Pay., which should be $ 75 an Hour new york state overtime laws salaried employees that there. For excess hours worked their standard hourly wages Times their standard hourly wages of how many hours work. One and one half Times their standard hourly wages are very similar with an employment law Attorney salaried! Addition to those required by federal law, over four million salaried workers may eligible! Figure by 1.5 to determine the overtime wages, which govern and protect employee.. Protected by both state and federal employment laws are more complex than that a manager or supervisor ), employer... Pay non-exempt employees receive is one and one half Times their standard hourly wages receive is one and one Times! Map | Privacy Policy | Business Development Solutions by FindLaw, part of Reuters! Require that employers pay non-exempt employees receive is one and one half Times their hourly! Particular Case dialing ( 646 ) 845-0992 or using our “ Evaluate now ” on., over four million new york state overtime laws salaried employees workers may be eligible for overtime pay (.... Certain factors that can Improve a Labor Case ’ s overtime requirements Contract with their employer ) or...