According to the New York State Department of Labor, employees who are paid on an hourly basis must be paid at a rate of one-and-a-half times their regular hourly pay rate for all hours worked more than 40 in a single payroll week. Live-in workers, such as nannies who live with the families they work for, can collect overtime pay for any hours worked more than 44 in any given payroll week.
The Fair Labor Standards Act states that certain types of employees are exempt from the overtime pay rules. These include commissioned salespeople, farm workers, and executive, administrative, professional and outside sales employees who receive a salary instead of hourly pay. However, New York State requires that these employees receive at least one-and-a-half times the state’s minimum wage of $7.25 for any overtime hours worked. According to the New York State Department of Labor, when more than one level of government exercises its jurisdictional powers to set a fair pay rate for overtime work, employees receive the higher pay amount.
In New York, understanding the payroll week is essential to understanding when the clock begins regarding overtime pay. For example, depending on the job, the payroll week may include weekend days, and the employer may not have to pay a worker at the overtime rate simply because she is on duty on the weekend. However, if that worker has already put in 40 or 44 hours (depending on the work arrangement) of regular work prior to the weekend, and must work additional hours during the same payroll week, she must be paid at the overtime rate.
- old blank book with pencil, check and dollar image by Nikolay Okhitin from Fotolia.com