School Employees and Overtime in New York: Who is Entitled to Overtime and Who is Not?

School Employees and Overtime in New York: Who do the Exemptions Apply to?

Overtime for school employees.  While some school employees may get overtime, most school employees are not entitled to overtime in New York.  This is because, while employees are entitled to overtime under the federal Fair Labor Standards Act and New York’s Minimum Wage Orders, there are exemptions to overtime where some employees may not be entitled to overtime wages.  One of the most prevalent exemptions in New York City is for individuals who work for federal, state, or municipal government.  This is why most school employees do not get overtime.

However, some employees who work in a school may be entitled to overtime in certain situations.  This can be a difficult determination to make, however, which is why an experienced New York City overtime lawyer is needed to assess whether overtime wages need to be paid or not.  Which means it is important for both the employers and employees to consult with our law firm.

School Exemption to New York Overtime

Overtime wages are 1.5 times an employee’s regular rate of pay for all hours worked in excess of 40 hours in a workweek.  However, under New York Labor Law s 651, individuals working for a federal, state, or municipal government are not entitled to overtime wages.  This means that school teachers, for example, are not entitled to overtime.

Which School Employees May Be Entitled to Overtime

However, the exemption to federal, state, or municipal employees does not apply to certain teachers, school employees, and schools.  For example, charter schools are not exempt from overtime.  Private schools are also not exempt from overtime.  This is a huge exemption in New York City, as there are many private schools which specialities which are not exempt from overtime.  Not-for-profit corporations are also not exempt from paying overtime.

Further, even school employees who do work for a federal, state, or municipal school may still be entitled to overtime.  This is because these employees are commonly unionized.  While there is no legal obligation to pay overtime, the school districts and the unions may negotiate an agreement for overtime wages in certain instances.  The same is true for independent contractors who are hired to teach (such as a substitute teacher), who may negotiate overtime arrangements.

School Employees and Employers Need to Check with SAMUEL & STEIN Whether Overtime Wages are Owed

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.

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