Why Employers Need to Determine if Employees are Exempt or Non-Exempt from Overtime in New York
NYC Employers Need to Determine Whether Employers Are Exempt from Overtime to Avoid Penalties
It is very important why employers need to know overtime law in New York. Under both federal law and New York Labor Law, employees must be paid overtime. This is under the federal Fair Labor Standards Act, or FLSA, and under New York’s Minimum Wage Orders. This protects employees from overreach of employers and abusive practices. This also reflects the inflation and costs of living increases, hence why New York and New York City have scheduled minimum wage increases for the next five years.
Overtime in New York is paid at a rate of time and a half the employee’s regular rate of pay. Overtime hours are any hours that are more than 40 hours in a workweek. This means that employees need to be paid for all time above 40 hours in a workweek at this 1.5 times rate. This can quickly add up for an employer, especially employers in New York City where there could be hundreds or even thousands of employees in a single business.
This is why employers need to consult with an experienced New York City overtime lawyer to learn their obligations under federal and state law. This is both under minimum wage and overtime requirements. Because not only will an employer need to pay for all backpay that was rightfully owed, but an employer may be liable for the following if he or she fails to pay overtime property:
- attorneys’ fees for the employee;
- costs and disbursements;
- if the violation was willful, a penalty equal to the amount of wages withheld; and
- the amount withheld.
However, employers also need to ensure that they are not unnecessarily paying overtime to employees. Indeed, some employees are not entitled to overtime and you may think that they are. Some common overtime exceptions in New York include the following:
- Executive assistants;
- Administrative assistants;
- Taxicab drivers;
- Certain religious members;
- Certain educational/school employers;
- Government workers such as state, county/municipal, and federal employees; and
- Many others.
This is why employers need to know their overtime rights and obligations just as much as the employees do. Mistakenly paying overtime—or not paying it—can be costly to a business.
Employers Should Check with SAMUEL & STEIN to Learn Their Obligations Under New York Overtime Law
The experienced New York City overtime attorneys at SAMUEL & STEIN are dedicated to asserting and defending the rights of employers and working people throughout New York and New Jersey. We have the resources, experience, and knowledge necessary to ensure your legal rights are protected and you are not taken advantage of. Call us today by dialing (646) 480-2149 or use the convenient “Evaluate Now” box on our webpage. Together we can help answer your questions and protect your rights.