Executives, administrators, and other professionals earning at least $455 per week do not have to be paid overtime under Section 13(a)(1) of the Fair Labor Standards Act. External salespeople (who often set their own hours) are also exempted from NY overtime requirements, as are some types of computer-related workers.
Who is exempt from overtime pay in New York state?
Employee must customarily and regularly direct the work of two or more other employees; Employee must have the authority to hire or fire other employees, or their suggestions and recommendations will be given particular weight; and. Employee must customarily and regularly exercise discretionary powers.
What qualifies as an exempt employee in NY?
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.
What is the NYS law on overtime pay?
Overtime pay is a higher pay rate for hours worked after 40 in a work week. New York Labor Law requires employers to pay 1 ½ times your regular rate of pay (instead of your regular rate) for hours worked after 40 in a work week.
What is the minimum salary to be exempt from overtime in NY?
This includes the new salary threshold of $990 per week ($51,480 when annualized) in effect as of December 31, 2021. A reminder that the professional exemption is not covered by the NYS salary threshold and would therefore defer to the federal FLSA salary threshold, currently $684 per week ($35,568 when annualized).
What is the minimum salary for exempt employees in New York State 2022?
The Minimum Wage Act (Article 19 of the New York State Labor Law) requires that all employees in New York State receive at least $14.20 an hour beginning December 31, 2022.
Do salaried employees get overtime in NY?
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.
How do you know if you are an exempt or nonexempt employee?
The DOL has established guidelines to determine who is eligible for overtime pay. Employees may be considered exempt if they are paid a salary, earn at least $684 per week or $35,568 annually, and perform the job duties of one of the exempt professions (administrative, executive, etc.).
What are the requirements for an employee to be exempt?
With few exceptions, to be exempt an employee must (a) be paid at least $23,600 per year ($455 per week), and (b) be paid on a salary basis, and also (c) perform exempt job duties. These requirements are outlined in the FLSA Regulations (promulgated by the U.S. Department of Labor).
How do you classify an employee as exempt or nonexempt?
This simply means that exempt employees receive a salary and are not paid hourly as their work is either professional, executive, or administrative. Nonexempt Employees: Nonexempt employees must be paid a minimum of 40 hours plus overtime— being 1.5 of the standard hourly rate — for any given workweek.
Is overtime mandatory in NY?
The most common questions are whether your employer can mandate overtime work and if they can fire you if you refuse to perform this overtime work. The short answers are that yes, they legally can require you to work overtime, and yes, they can also legally fire you if you refuse to do that work.
Is overtime after 8 hours or 40 hours in NY?
Nearly all covered employees are entitled to overtime pay for all hours worked beyond 40 hours in the workweek. For residential employees, entitlement to overtime pay occurs for all hours worked beyond 44 hours in the workweek.
Is it illegal to not pay overtime?
While employers may be concerned by the recent naming and shaming, unless the employee’s contract entitles them to be paid for overtime, unpaid overtime is not illegal.
What are NYS Labor laws on salaried workers?
The State of New York requires that employers tell their employees what their compensation will be in plain terms. The compensation could be paid out hourly, daily, weekly, or monthly. If the salary is paid weekly, then the employer should clearly explain to the employee the number of hours covered by the weekly rate.
How many hours can a salaried employee be forced to work in NY?
Work any number of hours in a day: New York employers are not restricted in the number of hours they require employees to work each day. This means that an employer may legally ask an individual to work shifts of 8, 10, 12 or more hours each day.
What is the minimum salary for exempt employees in New York State 2023?
There is no proposed increase to the salary threshold for exempt executive and administrative employees working in New York City, Nassau, Suffolk, and Westchester counties, so that threshold will remain at $1,125 per week.
Is an employer required to pay a minimum of 4 hours in New York?
Employers must offer a 4-hour minimum shift. Here are some FAQs on New York Wages and Hour laws.
Are NYS employees getting a raise in 2022?
Background: Chapter 150 of the Laws of 2021, which implemented the 2019-2023 Agreement between the State of New York and PEF, provides for a salary increase of two percent (2.00%) for fiscal years 2022-2023 and includes the April 1, 2022 PEF Salary Schedule.
Who are exempt from the rules on minimum wages?
Other micro businesses that have been certified by the Department of Trade and Industry as barangay micro enterprise businesses (BMEBs) are automatically exempt from paying the minimum wage set by the regional wage boards, according to Sy. There are currently 4,650 BMEBs in Metro Manila and 1,075 in Western Visayas.
Do salaried staff get paid overtime?
Do you get paid overtime on salary? Most salaried positions do not include overtime pay. However, your weekly pay divided by your total hours worked (including any overtime) must not fall below national minimum wage. Your contract of employment will set out any overtime pay that you are entitled to.
Do salaried staff get overtime?
Salaried employees can receive overtime payment just like employees who work and are paid hourly.