What Professional Employees are Exempt from Overtime in New York?

What Professional Employees are Exempt from Overtime in New York?  New York City Overtime Lawyer Explains

Under federal law and the New York Labor Law, employees must be paid for all hours worked in excess of 40 hours in a workweek at a rate of 1.5 times their regular rate of pay.  This is known as overtime.  There are, however, exemptions for certain employees who are not required to get paid overtime.  A common one for a lot of employees in New York City is the “professional employee exemption.”  Under this exemption, certain professional employees are exempt from overtime in New York.

However, it is not always that easy to just classify an employee as a professional.  There are certain criteria that the employee must satisfy in order for him or her to be exempt from the overtime requirements under the New York Labor Law.  Nonetheless, some employers will still classify an employee as a professional in order to save money on overtime wages.  If you believe that your employer is not properly paying you overtime, ask the New York City overtime lawyer at SAMUEL & STEIN to learn your rights.

What is the “Professional Employee Exemption”?

The professional employee exemption is provided for in New York Labor Law s 651, and exemptions certain professionals from being entitled to overtime.  There are criteria that must be satisfied in order to be entitled to this overtime exemption.  To learn more about those definitions, read more in a recent blog post we did covering the professional employee exemption.

What Fields Qualify Under the “Professional Employee Exemption”?

There are several fields that qualify under the professional employee exemption under the labor law.  The two biggest  groups are lawyers and doctors.  More broadly this generally applies to those practicing law or medicine under a license.  This includes an employee who holds the requisite academic degree but is engaged in an internship or residency program (young doctor).

The other fields that generally qualify as a “professional” under the exemption include the following:

  • Theology;
  • Accounting;
  • Engineering;
  • Teachers/teaching (includes assistants, special education, kindergarten or nursery teachers);
  • Actuarial computation;
  • Pharmacy/pharmacists;
  • Various types of sciences like physical, chemical, or biological;
  • Architecture; and
  • Other professions with a recognized skill.

Unsure if You Are a in a “Professional” Field for the Exemption?  Call Us to Learn More

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) 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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