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. All rights reserved. For employers in most of New York State, the minimum wage at the time of this publication (early 2018) is $10.40 per hour. If that employee works 40 hours a week, his or her hourly wage calculates to is $50 an hour. Call For Free Consultation! Is Your Employer Paying You Partly In Cash? Copyright © 2020 The Law Office of Samuel & Stein. Many either intentionally or unintentionally misclassify their employees, illegally depriving them of overtime pay. This is because salaried individuals have their yearly earnings bundled into one figure, which may or may not cleanly go into an hourly rate. If you are a salaried exempt employee, no, you are not entitled by law to overtime. New DOL Regulations on Salaried Exempt Employees OnlineCompliancePanel. 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. Executives, learned professionals, outside salespeople, and certain other employees may be considered exempt and ineligible for overtime pay. increases the current-enforced compensation level for “highly compensated employees” (HCEs) from $100,000 to $107, 432 per year. This new protection applies to almost anyone making less than $47,476, including salaried managers or professionals. What Criteria Makes a Legitimate Labor Case? The law requires the payment of time and one half per hour for actual hours worked in excess of 40 hours, with certain exemptions. 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. 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. However, most of these inquiries are not relevant to a calculation for salaried employees. 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. The new federal overtime rules recently proposed by the ... and executive exempt employees in all of New York State. At Katz Melinger PLLC, we help our clients understand how the law applies in their particular case. 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? Therefore, employees with $50 in standard hourly wages must receive $75 … 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. Suite 1110 Salaried Workers are Entitled to Overtime Pay at a Rate of 1.5 Times Their 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. 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. The FLSA and New York outside sales exemptions are very similar. 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. 1-212-563-9884. 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. New York, NY 10001. These requirements are in addition to those required by federal law, including the Fair Labor Standards Act (FLSA). 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. In a general sense, most exempt employees fall under the law’s “white collar exemptions,” which define workers who aren’t entitled to overtime. Under the new law, salaried employees making less than $47,476 a year must be paid overtime. 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. 38 West 32nd Street For example, a salaried employee who earns $104,000 a year earns $2,000 a week. Commercial Purchase, Leasing & Refinancing, Commercial Collections & Judgment Enforcement. Salaried Employees And Overtime Pay Employees in New York are protected by both state and federal law. Now you can multiple this figure by 1.5 to determine the overtime wages, which should be $75 an hour. 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”). 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. 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. Automatic Deductions Of Pay For Meal And Rest Breaks Not Taken. 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. Tittle & Perlmuter 1,129 views. 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. How Is an Attorney Compensated on a Wage and Hour Case? 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. The final version of the Amendments contains no changes from the proposals set forth by the NYSDOL on October 19, 2016. One Day Rest in Seven NYC Contract Lawyer. See FLSA: Overtime for more information regarding overtime requirements. Many people are under the false impression that all hourly employees are eligible for overtime pay, and all salaried employees are not. Nonexempt employees are those who are eligible for overtime pay when they work more than 40 hours per week. There are no circumstances whatsoever in which an exempt employee is EVER entitled by law to anything over and above their regular salary. While the New York Labor Law applies to all individuals, section 651 provides only certain employees are entitled to overtime. of Labor FAQs. 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