New York overtime pay requirements

On Behalf of | May 23, 2024 | Wage And Hour Claims

Hardworking employees deserve to be paid all the wages they’re due. For some, this includes being paid for working more hours than what’s customary in a single work week. That pay is deemed overtime and is paid at a rate of 1.5 times the employee’s normal pay rate. That rate applies to any time that’s worked over 40 hours in a week, regardless of whether the time was scheduled or approved by the company.

Overtime requirements are covered by the New York Minimum Wage Orders and the Fair Labor Standards Act. Certain employees, such as taxicab drivers, farm laborers, camp counselors, certain charity or religious employees, government workers and specific executives, administrators and professionals are exempt from overtime. 

Is overtime based on daily or weekly hours?

Overtime pay is based on how many hours a person works during the set work week. The employer can decide what day the work week begins, but it must be the same day of the week every week and it always lasts seven days. 

Employers can’t average an employee’s hours over two or more weeks to try to avoid paying overtime. This pay is due on a week-to-week basis. Additionally, employees can’t agree to waive overtime pay because it’s required for them to receive it. 

Any employee who believes they’re being shorted on their overtime pay should take a close look at their check stub and work hours to determine if this is what’s happening. If it is, they need to take action to get the pay they’re due. Working with someone who’s familiar with these matters is beneficial because that individual can outline their options and assist them with getting that pay.


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