Information on Overtime Wages for New York Employees

Posted by on Mar 31, 2015 in Employment | 0 comments

Employees working across the state of New York are entitled to fair and equal compensation. Under both state and federal laws, employees are expected to receive at least a minimum wage for the work and services they render. In certain cases, employees are also allowed to receive extra compensation after working past their regular working hours. Unfortunately, as New York City law firm Cary Kane pointed out on its website, these additional wages aren’t always properly rewarded and cases of unpaid overtime wages remain rampant.

According to the New York Department of Labor, overtime requirements are delineated in the New York State Minimum Wage Orders and the federally mandated Fair Labor Standards Act (FLSA). Based on these regulations, most New York employees should be able to “receive overtime pay at the rate of 1.5 times more than their regular rate of pay for all hours worked over 40 in a workweek.” This means that an individual earning the current minimum $8.75 per hour should be paid $13.125 for each hour worked over her regular working hours. If she works an extra 5 hours during the workweek, she should be able to receive an additional $65.63 on top of her regular pay.

It’s important to note that there are some exceptions to this rule. In particular, individuals working in the following occupations are exempt from overtime pay provision mandated by law. These include executive employees, administrative employees, professional employees, federal/state/municipal employees, farm laborers, and those working as volunteers, interns and apprentices. You can learn more about these exemptions by reading this overtime fact sheet prepared by the New York Department of Labor.

Wage theft happens when employees aren’t properly compensated for the work they do. In most cases, this occurs when overtime pay required by law is withheld or improperly given. Unfortunately, filing complaints in this regard can be hard for most individuals. If you are in a similar situation, it would be best to seek legal counsel to learn your options. If your co-workers are facing the same issues, a lawyer experienced with labor laws can gather everyone’s complaint and bring forward a class action.

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