If you believe the restaurant you work for owes you overtime pay, it is best to consult an attorney who has experience with the FLSA and state overtime wage laws. Explains the Overtime Pay Law for Salaried Employees - Duration: 3:09. All rights reserved. ... a mandatory notification to employees under New York law. What Type of Documentation Is Needed to Bring a Wage and Hour Case? If that employee works 40 hours a week, his or her hourly wage calculates to is $50 an hour. Unlike the hourly employee who qualifies for overtime pay if he works more than 40 hours per week, the salaried employee does not generally receive overtime. This list of individuals exempt from overtime includes executives and administrative professionals, state and government workers, and members of religious organizations, to just name a few exemptions. The final version of the Amendments contains no changes from the proposals set forth by the NYSDOL on October 19, 2016. increases the current-enforced compensation level for “highly compensated employees” (HCEs) from $100,000 to $107, 432 per year. NYC Contract Lawyer. Under New York and Federal law, overtime pay is required to all employees for all hours over 40 hours in a workweek at a rate of 1.5 times the regular rate of pay. An employer covered by Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”) must pay their eligible employees overtime pay. Both federal law (Fair Labor Standards Act (FLSA)) and state law (New York Minimum Wage Act and applicable regulations) generally require the payment of overtime wages for work performed after 40 hours per week. Currently, NY overtime laws do not require overtime pay for hours worked in excess of 8 a day until the overtime number of … Considering the intricacies and complexities of these cases, it is important to discuss your circumstances with an employment law attorney. Call our office at 212-256-9425 or complete our online contact form to schedule a consultation. 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. Nonexempt employees are those who are eligible for overtime pay when they work more than 40 hours per week. At Katz Melinger PLLC, we help our clients understand how the law applies in their particular case. © 2020 Katz Melinger PLLC. The Fair Labor Standards Act (FLSA) is a federal law that sets the criteria to determine which employees are entitled to overtime based on duties performed, level of responsibility, decision-making authority and level of What Criteria Makes a Legitimate Labor Case? New York overtime laws require that employers pay non-exempt employees overtime any time the employee works more than 40 hours in a work week. If you're an employer in Nassau, Suffolk or Westchester County, your minimum wage is currently $11.00 per hour. The penalties for withholding overtime include double the amount that should have been paid and up to $10,000 per year in fines. Here at SAMUEL & STEIN, we are dedicated to answering questions and solving problems for employees and employers who have overtime issues, particularly New York City and Northern New Jersey. 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”). 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. The law requires the payment of time and one half per hour for actual hours worked in excess of 40 hours, with certain exemptions. If You Are a Salaried Employee, Are You Entitled to Overtime Pay? This means that a salaried employee who workers for more than 40 hours in a workweek is entitled to compensation for all hours above 40 hours at his or her regular rate of pay. If you have questions about whether you qualify for overtime pay, we invite you to call our New York City office at 212-256-9425. SALARIED. All Rights Reserved. Overtime pay, also called "time and a half pay", is one and a half times an employee's normal hourly wage. While these employees must be paid overtime, New York Law requires an overtime rate of 1.5 time the state minimum wage, regardless of the employee’s actual regular rate of pay. It is equally important for both workers and employees to know the overtime laws, which govern and protect employee rights. Overtime for nonexempt salaried employees is calculated by taking the employees’ standard weekly wages and dividing them by the amount of hours the employee normally works during the week. Many people are under the false impression that all hourly employees are eligible for overtime pay, and all salaried employees are not. However, most of these inquiries are not relevant to a calculation for salaried employees. New DOL Regulations on Salaried Exempt Employees OnlineCompliancePanel. Call For Free Consultation! (Almost all hourly employees, regardless of their wage, are already entitled to overtime pay.) For employers in most of New York State, the minimum wage at the time of this publication (early 2018) is $10.40 per hour. New York labor laws require an employer to pay overtime to employees, unless otherwise exempt, at the rate of 1½ times the employee’s regular rate of pay for all hours worked in excess of 40 hours in a workweek. While it is easier to calculate an employee who is paid an hour rate by just multiplying that by 1.5, it is trickier to calculate a salaried employee’s overtime. New York Employment Law Attorneys Shed Light on Daily and Weekly Hour Restrictions Understanding applicable wage and hour laws is key to your career At Hepworth, Gershbaum & Roth, PLLC, we know that the success of an organization depends directly on its employees’ hard work and dedication. The law is designed to help ensure that more people are paid fairly for their hard work. New York state work laws also protect minors by comprehensively regulating their employment as well. Therefore, New York's overtime minimum wage is $17.70 per hour, one and a half times the regular New York minimum wage of $11.80 per hour. What Certain Factors That Can Improve a Labor Case’s Chance of Prevailing in Court? 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. Salaried Workers are Entitled to Overtime Pay at a Rate of 1.5 Times Their Regular Rate of Pay. As a result, some employees who work in New York may be ineligible for overtime pay under federal law, but eligible for overtime pay under state law. For an employee to be considered exempt from federal overtime laws, their specific job duties and salary must meet all the requirements set by either the U.S. Department of Labor or the New York State Labor Law. 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? Do Undocumented Workers Have the Same Protection against Unfair Labor Practices That U.S. Citizens Have? Tittle & Perlmuter 1,129 views. A non-exempt employee receives overtime for … Several laws govern overtime in New York state, including the federal Fair Labor Standards Act (FLSA) and New York State Labor Law. Exempt employees are those who are not eligible for overtime pay, regardless of how many hours they work. For example, an employee paid $35,000.00 a year in salary might be exempt under federal law, but entitled to overtime under New York state laws, because the minimum salary that an employee must earn to be exempt from overtime is higher under New York law than under federal law. raises the minimum salary requirement for white-collar exempt employees to $684 a week, from a previous high of $455 a week. What Are Common Misconceptions about a Wage and Hour Case? Unless exempt, employees covered by the Act must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay. Under both federal and New York law, employers must pay non-exempt employees at least the minimum wage for each hour worked and 1.5 times their regular rate of pay whenever they work more than 40 hours in a workweek. The New York State Minimum Wage Orders contain the State’s overtime requirements. Exempt employees are those who are not eligible for overtime pay, regardless of how many hours they work. of Labor FAQs. Commercial Purchase, Leasing & Refinancing, Commercial Collections & Judgment Enforcement. This new protection applies to almost anyone making less than $47,476, including salaried managers or professionals. 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, there are exemptions for certain salaried employees from federal and state minimum wage and overtime pay requirements. Are Salaried Employees Entitled To Overtime Pay? However, an employee’s job title does not determine their eligibility for overtime. Executives, learned professionals, outside salespeople, and certain other employees may be considered exempt and ineligible for overtime pay. It is lawful for a company to hire a minor but they must meet the following criteria: If you are salaried and not being paid overtime that you may be entitled to, please call our experienced New York City wage and hour lawyers to learn what your rights are under New York law. 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. Why Are Some Labor Cases Heard in Federal Court and Not State Court? Receiving a salary is one of the exemption’s three criteria, but many salaried employees don’t meet the other two, and are thus entitled to overtime pay. What to Avoid If You Bring a Wage and Hour Case against an Employer. As a result, many salaried employees are eligible for overtime pay, even though their employers do not pay them overtime for the hours they work in excess of 40 per week. This is because salaried individuals have their yearly earnings bundled into one figure, which may or may not cleanly go into an hourly rate. These requirements are in addition to those required by federal law, including the Fair Labor Standards Act (FLSA). There are no circumstances whatsoever in which an exempt employee is EVER entitled by law to anything over and above their regular salary. Overtime for Salaried Employees in New York: Am I Entitled to Overtime? Under the new law, salaried employees making less than $47,476 a year must be paid overtime. How Is an Attorney Compensated on a Wage and Hour Case? Now you can multiple this figure by 1.5 to determine the overtime wages, which should be $75 an hour. While the New York Labor Law applies to all individuals, section 651 provides only certain employees are entitled to overtime. New York, NY 10001. Based on the New York minimum wage of $9.00 per hour, the minimum amount any New York worker should receive as overtime pay is $13.50 per hour. Non-exempt employees in New York are entitled to overtime pay of 1.5 times their average hourly rate for every hour worked over 40 in a single week. Suite 1110 Automatic Deductions Of Pay For Meal And Rest Breaks Not Taken. Attorney Samuel Has Been Practicing in New York for the Past 20 Years, Some Cases against Employers begin with One Plaintiff but Most of the Time, Multiple Plaintiffs Will Come Forward. These workers were previously not eligible for overtime pay because they were paid an annual salary of at least $23,660, the previous minimum threshold for salaried employees. Copyright © 2020 The Law Office of Samuel & Stein. Salaried Employees And Overtime Pay Employees in New York are protected by both state and federal law. NY Dept. If you are a salaried exempt employee, no, you are not entitled by law to overtime. The overtime pay non-exempt employees receive is one and one half times their standard hourly wages. Our New York City wage and hour lawyers explain how this applies to salaried workers because overtime for salaried employees is required under New York law. But state and federal employment laws are more complex than that. Hourly workers are protected by federal minimum hourly wage standards with overtime pay equal to “time and a half.” Contact us today by dialing (646) 845-0992 or using our “Evaluate Now” box on our website. However, salaried employees are not exempt. a manager or supervisor), the employer is under no obligation to pay him overtime pay for excess hours worked. See FLSA: Overtime for more information regarding overtime requirements. While labor laws for salaried employees are designed to afford the same sorts of protections and benefits to all American workers, the implementation of these protections differs depending on whether someone is paid on an hourly or salary basis. 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 Employees in New York are protected by both state and federal law. In a general sense, most exempt employees fall under the law’s “white collar exemptions,” which define workers who aren’t entitled to overtime. Moreover, most salaried employees have packages as to vacation or sick time, which means that an employee may not necessarily be paid for all weeks of the year. Is Your Employer Paying You Partly In Cash? How Long Does It Take for a Wage and Hour Case to Resolve? New York overtime laws state that employees who are not exempt from the overtime regulations (non-exempt employees) must be paid at 1 ½ times their regular hourly rate of pay for all overtime hours. Most employees must receive overtime pay at the rate of 1½ times their regular rate of pay for all hours worked over 40 in a workweek. A restaurant must provide overtime pay to all non-exempt employees, including assistant managers, cooks, chefs, waiters, waitresses, cashiers, bus boys, hosts and hostesses. There are numerous factors relating to the employee’s salary and job duties that must be analyzed before determining the employee’s proper classification. 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. 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