New York State Overtime Laws 

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New York State Overtime Laws 

If you work in New York State, you might be wondering about the New York state overtime laws for salaried employees. It's essential to know your rights and what you're entitled to so your employer can't take advantage of you. No matter how much you love your job, you deserve to be compensated appropriately. Your time matters and your employer should value it. If you're working in New York State, your employer is required to pay you for overtime unless you're considered an exempt employee. 
If you're working overtime and believe you aren't being compensated fairly, it's a good idea to contact a lawyer who has experience handling these types of cases. At Morgan & Morgan, our attorneys are very experienced and knowledgeable about the overtime laws in New York State. If you need help, contact us today. We can assist in getting you everything you're entitled to, and we can explain the New York State overtime laws for salaried employees and advise your next steps. 

Overtime Laws in New York State for Salaried Workers

You might be wondering how overtime payments are determined if you're a salaried employee in New York State. It's easy to calculate it if you get paid hourly, but it can be a little bit more complicated when you receive an annual salary. 
According to the Fair Labor Standards Act (FLSA) and the New York State overtime laws for salaried employees, employers are required to pay you 1.5 times your regular hourly rate when you work more than 40 hours in one week, unless you're exempt from receiving overtime pay. In order to determine your hourly rate, you need to take your annual salary and divide it by 52 weeks. That will give you your weekly pay. You can then divide that by 40 to determine your hourly rate.
The overtime laws for New York state salaried workers change depending on which New York county you live in. However, for the majority of New York State counties, if you're currently making less than $937.50 per week and you're working more than 40 hours in one week, you're entitled to overtime pay for any hours you work greater than 40. This equals 1.5 times the regular rate for each hour over 40, plus your salary.
Example: Based on your salary, you make $800 per week. Divide that by 40 hours, and your hourly rate is $20 per hour. You worked 50 hours in one week. You are entitled to your $800 for the first 40 hours and then 1.5 x your hourly rate for the additional 10 hours you worked. This comes out to $30 per hour for 10 hours, or $300. So your total compensation for the week is $800 + $300, for a total of $1,100.
In Nassau, Suffolk, and Westchester County, you're entitled to overtime pay if you're making less than $1,125 per week. 
Example: You make $1,000 per week, which means your hourly rate is $25. You work 50 hours in one week. For the additional hours over 40, your hourly rate will be $37.50. You're entitled to $1,000 plus an extra 10 hours at a rate of $37.50, which equals $375. Add that to your typical $1,000 per week, and your total weekly payment for working 50 hours is $1,375.

Some Employees Are Exempt From Earning Overtime

In New York State, some employees do not qualify to collect overtime pay. If an employer doesn't want to pay overtime to their employees, they bear the burden of proving that they are exempt. According to the Labor Law and the Fair Labor Standards Act (FLSA), the following occupations do not qualify for overtime pay:

  • Taxi drivers
  • People working for religious or charitable institutions
  • Executive employees
  • Administrative employees
  • Camp counselors 
  • Outside sales representatives
  • Members of religious orders
  • Individuals who work on a farm
  • Part-time/casual babysitters
  • Employees for sororities and fraternities

I'm A Salaried Employee – How Do I Know If I Qualify as an Administrative or Executive Employee?  

Administrative Employee

In order to determine if someone is considered an administrative employee, New York State implemented a test. If you meet the following criteria, you are likely considered an administrative employee in New York State:

  1. You are a salaried employee who gets paid the same amount each week, regardless of how much work is done. Per the FLSA, the minimum weekly wage for an administrative employee must be at least $937.50 per week. For example, you make $50,000 per year. Divided by 52 weeks, your weekly salary is $961.50.
  2. You have primary duties which include office work or non-manual work that relates to business operations; and
  3. You are expected to use your discretion and judgment in your work.

If you meet the criteria above and qualify as an administrative employee, it's likely that you are not entitled to overtime pay.

Executive Employee

If you meet the following criteria, you're likely to be considered an executive employee and would be exempt from receiving overtime:

  1. You manage at least two employees;
  2. You are responsible for delegating tasks;
  3. You set hours for other employees or manage their pay;
  4. You are responsible for interviewing and training employees; and
  5. You create budgets for the business

Learned Professional Exemption

Additionally, if you are considered a learned professional in New York State, you are also exempt from receiving overtime pay. If your primary work duty is performing work that requires advanced knowledge in a field of science or learning that is customarily obtained through a long period of specialized intellectual instruction, you are probably considered a learned professional and are not entitled to overtime pay. This is referred to as the "duty test." 

Some Examples of Learned Professionals

The following list is not exhaustive, but it provides a few examples of the types of employees considered to be learned professionals.
Registered or certified medical technologists. If you are employed as a registered or certified medical technologist, and you have successfully completed three years of academic study in an accredited college or university, and the fourth year of professional course work in a school of medical technology approved by the Council of Medical Education of the American Medical Association, you are categorized as a learned professional.
Nurses. If you are a nurse who is registered by the appropriate State examining board, you are a learned professional. 
Physician's Assistants. If you completed four years of pre-professional and professional study, including graduating from a physician assistant program, accredited by the Accreditation Review Commission on Education for the Physician's Assistants, and certified by the National Commission on Certification of Physician's Assistants, you qualify as a learned professional.

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Get answers to commonly asked questions about our legal services and learn how we may assist you with your case.

Morgan & Morgan

  • Is There an Overtime Limit for Employees?

    In New York State, employees can work as many overtime hours as they wish as long as they are over the age of 16.

  • Is Overtime Required for Holidays and Weekends?

    No. If you work on a holiday or a weekend and you haven't worked more than 40 hours in that week, your employer is not required to pay you more simply because it's a holiday or a weekend. Whether you get paid extra for these days will be based on an agreement between you and your employer. If working on the holiday or the weekend puts you over the 40-hour limit, they must pay you overtime.

  • What About Night Shifts?

    Your employer is not required to pay you overtime for working night shifts. Whether you work daytime or nighttime hours is an agreement between you and your employer.

  • Can I Get Comp Time Instead of Overtime Pay?

    Compensatory time, also referred to as comp time, means that your employer agrees to give you extra days off instead of paying you for overtime. For example, if you worked 50 hours one week, your employer would give you 10 hours off in the future instead of paying you overtime. In New York State, it's challenging to come to an arrangement where your employer can legally offer you comp time instead of overtime pay without violating the law. The New York State overtime laws for salaried employees are complicated, so if you're interested in comp time instead of overtime pay, it's probably in your best interest to contact an attorney.

  • Can an Employer Force You to Take Comp Time Instead of Overtime Pay?

    Generally, no. If your employer is a privately owned business, they typically cannot force you to take comp time instead of overtime pay. However, some state and local government employers might be allowed to give comp time instead of overtime in certain circumstances.

  • Contact Morgan & Morgan if You Think You're Employer Is Taking Advantage of You

    If you're working overtime and you’re a non-exempt employee, your employer is required to pay you for that time. If this isn't happening, you should consider contacting an experienced law firm immediately. In essence, your employer is stealing from you if you're not appropriately and legally compensated for the hours that you work. At Morgan & Morgan, we have attorneys who represent clients all over the country who can help you get the payments you are legally entitled to. Contact us today for a free consultation so we can help you get paid what you deserve.

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