Is Overtime Pay Required After 40 or 8 Hours?

Employment Law News | January 4, 2021

New York employers must adhere to specific wage and hour laws, especially laws surrounding overtime pay. The Fair Labor Standards Act (FLSA) establishes guidelines for employers on how to calculate overtime based on the wages that each employee earns. Both salaried employees and hourly employees are eligible for overtime pay in certain circumstances.

Federal Policies: FLSA

The FLSA establishes rules for minimum wage, overtime pay, and other employment requirements for both private sector employees and employees in the federal, state, and local governments. Under the FLSA, employees receive an exempt or nonexempt status.

  • An exempt employee is an employee who does not receive a minimum wage or overtime pay. These employees receive the same amount of pay per a specific period.
  • A non-exempt employee is an employee who receives minimum wage and overtime pay after 40 hours of work.

Non-exempt employees must receive overtime pay under the FLSA. The rate of overtime pay must be at least 1.5 times the employee’s regular rate. However, FLSA does not require overtime pay for employees who perform work on rest days such as holidays or weekends, unless the employee performs the overtime work on those days.

New York State Overtime Laws

In addition to the rules established by the FLSA, New York law requires employers to adhere to state requirements for overtime pay.

  • If a non-exempt employee works more than 40 hours per payroll week, he or she must receive an overtime rate at least 1.5 times his or her regular rate.
  • If a residential, live-in employee works more than 44 hours per payroll week, he or she must receive an overtime rate at least 1.5 times his or her regular rate.
  • If a farm worker works more than 60 hours in a calendar week, he or she must receive overtime pay for at least 1.5 times his or her regular rate.

Overtime Exemptions

While New York adheres to the FLSA exclusions for exempt employees, there are some exceptions to this rule. For an employer to exempt administrative and executive employees from overtime, he or she must pay these employees a minimum weekly salary. This minimum weekly salary includes wages as well as allowances for board, lodging, and other jobs benefits.

The FLSA requires employers to pay a minimum of $684 per week to exempt employees as of January 1st, 2020. New York state labor regulations differ, however. As of December 31st, 2020, New York employers must pay the following minimum weekly wages.

  • Employers in New York City must pay $1,125 per week.
  • Employers in Long Island and Westchester must pay $1,050 per week.
  • Employers in the rest of New York state must pay $937.40 per week.

Consult a Syracuse Wage & Hour Attorney

New York labor law allows employees to seek compensation for unpaid overtime from employers who violate state regulations. If you believe your employer violated your right to overtime pay, consult with a Syracuse wage and hour attorney.

Your attorney will understand the intricacies of New York and federal labor laws, helping you understand your rights during this process. He or she will represent your best interests during each stage of litigation and fight tenaciously to secure the compensation you deserve. As soon as you realize you may qualify for an unpaid overtime lawsuit, speak to your Syracuse overtime claims attorney to discuss your next steps.