The overtime requirement is based on hours worked in a given payroll week. In general, if you have worked more than 40 hours in a pay week, and are not “exempt”, you must be paid an overtime rate for all hours over 40. See the chart below:
| Employees | Overtime Rate |
| Covered employees | One and one-half times their regular, “straight-time” hourly rate of pay for all hours over 40 in a payroll week |
| Residential employees (“live-in” workers) | One and one-half times their regular, “straight-time” hourly rate of pay for all hours over 44 in a payroll week |
Federal law excludes some types of employees from the requirement to receive one and one-half times their regular rate of pay. Many people call these “exempt” positions. The Fair Labor Standards Act (FLSA), listed by the U.S. Department of Labor, Wage and Hour Division, outlines occupations excluded by federal law. You can find the act at:
http://www.dol.gov/elaws/esa/flsa/screen75.aspNew York State follows these exclusions. However, the State still requires that most workers receive at least one and one-half times the minimum rate for their overtime hours in businesses covered by the Miscellaneous Wage Order.
October 2018
Tags: New York, Wage and Hour
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