Understanding New York Overtime Law

A description of the New York overtime law exists in New York’s State Minimum Wage Orders. These state requirements are also, however, in addition to the FLSA (Fair Labor Standards Act) federal requirements. When a difference exists between the Federal Overtime Rules and New York, the rule that is most beneficial to the employee is what the employer must follow.

New York’s Overtime Requirement

The hours worked in a given payroll week are the basis for New York’s overtime requirements. So, as long as they are not exempt, if an employee works more than 40 hours in a week, they are eligible for overtime pay for any hours exceeding 40. Averaging the hours of two or more weeks is not permitted by an employer.

Employee Declassification

The law distinguishes between residential and covered employees. Employees who reside in the home of their employer or at the jobsite are also referred to as live-in workers, in addition to residential workers.

• For all hours worked over 44 in the payroll week, live-in employees should receive 1 1/2 times their regular hourly straight time pay rate.
• For all hours worked over 40 in a payroll week, covered employees are eligible for 1 1/2 times their straight time regular hourly pay rate.

(An employee’s regular hourly wage can be referred to as straight time.)

Working Hours per Day

Some states have overtime rules or restrictions based on working more than five days per week or more than eight hours per day. New York is not one of those states. What that means is that as long as 40 hours per week is not exceeded, an employee can be asked to work long days without being eligible for overtime.

Calculating Weekly Hours

A fixed schedule of seven 24-hour days consecutively is the basis for how hours per week are calculated. The workweek is not required to start on a Monday or on a Sunday – it simply ends seven consecutive days after the official day upon which it starts. The schedule cannot be changed from week to week but must be a fixed schedule.

There are exceptions to this, however, one of which applies to residential care and hospital workers. They may have an agreement with their employers that, rather than seven-day workweeks, they work in fortnight periods of 14 days. Within this agreement, for any hours worked over eight in one day or 80 in 14 days, they must be paid overtime pay within the FLSA requirement. (Whether 80 in 14 days or eight in one day will be used is determined by whichever results in the greater number of overtime hours.)

If Your Employer Won’t Pay Overtime, Contact Carcich O’Shea

If you feel that New York’s overtime law has been ignored by your employer, we, at Carcich O’Shea, may be able to help. In many cases, if overtime is owed to an employee but has not been paid, a lawyer can attain two (or sometimes three) times the original amount that should have been paid. Don’t sit in silence while your employer gets away with breaking the law!

 Contact us today to discuss your situation.