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The basics of New York overtime laws

On Behalf of | May 10, 2021 | Employment Law |

Overtime laws are important to protect workers and ensure they receive the wages they have earned. Overtime protections apply to non-exempt workers once they have worked over 40 hours in a work week. To keep themselves protected, workers in New York should be familiar with overtime protections in their state.

Who is considered exempt?

Executives, administrative and professional employees are considered exempted from overtime rules. In addition, outside sales workers and computer professionals are also exempt from overtime rules and are not eligible for overtime rules.

How is 40 hours determined for overtime purposes?

The 40-hour work week for overtime purposes is measured by a seven consecutive 24-hour periods, or 168 hours, but the clock to calculate that time period can start on any day of the week. Employees should ask their employers when the 40-hour work week begins. In addition, there are also some exceptions to the standard 40-hour work week in some situations. Specific rules may also apply to residential employees.The overtime rate the employee receives must be equal to one and a half times their regular rate of pay.

Taking action overtime payment irregularities

Overtime rules are governed by federal laws but state laws can exceed the overtime protections under federal law. Overtime rules can be complex but they are important to understand. Familiarity with the different ways that employment laws protect workers can help ensure they are fairly compensated with the work they perform.