New York Overtime Law

Employment protections for non-exempt employees

Federal and New York overtime laws require employers to pay their non-exempt employees overtime pay when they work beyond their usual hours. The amount of overtime an employee earns is based on the hours he or she works in a workweek. For example, covered employees earn one and a half times their regular hourly rate of pay, non-residential employees are paid overtime for any time over 40 hours worked in a workweek, and residential or live-in employees earn overtime for all time worked over 44 hours in a given workweek. However, some employees are exempt from federal overtime provisions, including:

  • Certain commissioned sales employees
  • Computer professionals paid at least $27.63 per hour
  • Certain drivers, driver's helpers, loaders, and mechanics
  • Certain farm workers
  • Salesmen, partsmen, and mechanics employed by automobile dealerships
  • Employees employed by certain seasonal and recreational establishments
  • Executive, administrative, professional, and outside sales employees who are paid on a salary basis

In addition, New York State requires that employees of certain businesses covered by the Miscellaneous Wage Order still receive at least one and one-half times the minimum rate of $7.25 for overtime hours, even if covered by these overtime exclusions.

New York overtime lawyers helping businesses

Knowing when an employee is exempt and not subject to overtime laws in New York, and when an employee is non-exempt and owed overtime, is essential for a business. A business must know how to apply these rules and pay their employees accordingly in order to avoid agency investigations into the business and potential lawsuits of employees who believe they are underpaid.

At The Watanabe Law Firm, LLC, our New York overtime attorneys help businesses, executives, and officers with all types of employment law issues. We help clients properly classify employees as exempt and nonexempt, and assure that our clients understand how to comply with overtime laws. In addition, to protect our clients further, we assist in drafting employment handbooks and manuals to ensure that employees are aware of each applicable New York overtime law.

Seek representation from experienced employment lawyers

Each New York overtime attorney at The Watanabe Law Firm has significant experience in employment counseling and litigation. By helping our clients comply with overtime laws, we help minimize the potential for costly litigation. And by being prepared to litigate any case as needed, we are effective negotiators and formidable trial attorneys. To discuss your overtime and employment law needs today, contact the New York employment lawyers of The Watanabe Law Firm, LLC at 212-486-7005 or complete our contact form.

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