Exemptions to Overtime: New York Wage and Hour Lawyer Explains

New York Wage and Hour Lawyer Explains Exemptions to Overtime That You Need to Know

Calculating wages and overtime can be a very complicated task. There are even businesses which specialize in just calculating payroll for other businesses. But while New York Labor Law can be very complicated, general overtime rules are not. Yet, many employers and employees do not know or fully understand their rights to wages and overtime.

Overtime in New York

Overtime exists in New York through the labor law which incorporates the requirements under the Fair Labor Standards Act (FLSA), a federal law. An employer must pay an employee overtime for all hours worked in excess of forty (40) years in a workweek, unless the employee is exempt. The rate of pay for overtime is one and a half (1 ½) times the employee’s regular rate of pay.

An employee’s “regular rate of pay” cannot be less than minimum wage and must be what the employee is regularly paid for each hour of work. A salaried employee’s regular rate of pay is calculated by dividing the total hours worked during the week by the employee’s total earnings.

Overtime Exemptions in New York

There are certain individuals who are exempt from overtime in New York and not considered “employees” for the definitional purposes of New York Labor Law. This means that, unless otherwise contractually agreed upon by the employer and individual, FLSA and New York Labor Law will not automatically require an employer to pay the individual for overtime.

New York Labor Law s 651 (5) provides who the individuals and occupations that are exempt from overtime, which include the following:

  •  Part-time babysitters;
  • Farm laborers;
  • Individuals in a “bona fide executive, administrative, or professional capacity”;
  • Outside salesman or saleswoman;
  • Taxicab driver;
  • Certain volunteers, learners, or apprentices in religious, charitable, or educational corporations;
  • Members of Religious Order (i.e., minister, priest or rabbi, sexton, christian science reader);
  • Students of religious, educational, or charitable institutions;
  • Workers at a summer camp or conference of a religious, educational, or charitable institution for not more than three (3) months;
  • Staff counselor at a children’s camp;
  • Individuals working for a fraternity, sorority, or student or faculty association;
  • Individuals work for a federal, state, or municipal government or political subdivision thereof;
  • Volunteers at certain recreational or amusement events; and
  • Individuals in the delivery of newspapers or shopping news to the consumer.

New York City Wage and Hour Lawyers Can Help Employers or Employees Protect Their Rights Regarding Overtime

The experienced New York City Wage and Hour 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) 681-4193 or use the convenient “Evaluate Now” box on our webpage.  Together we can help answer your questions and protect your rights.

Share this Article

About the Author

Free Initial Consultation Get Help Now