The overtime pay non-exempt employees receive is one and one half times their standard hourly wages. A non-exempt employee receives overtime for … While there are some exemptions to who is entitled to overtime, and some further exceptions when certain employees may be permitted (or barred) from collecting overtime, all employees who are eligible under the New York Labor Law must be paid overtime. ... a mandatory notification to employees under New York law. For example, an employee paid $35,000.00 a year in salary might be exempt under federal law, but entitled to overtime under New York state laws, because the minimum salary that an employee must earn to be exempt from overtime is higher under New York law than under federal law. 1-212-563-9884. This is because salaried individuals have their yearly earnings bundled into one figure, which may or may not cleanly go into an hourly rate. New York Employment Law Attorneys Shed Light on Daily and Weekly Hour Restrictions Understanding applicable wage and hour laws is key to your career At Hepworth, Gershbaum & Roth, PLLC, we know that the success of an organization depends directly on its employees’ hard work and dedication. Contact us today by dialing (646) 845-0992 or using our “Evaluate Now” box on our website. If you are a salaried exempt employee, no, you are not entitled by law to overtime. An employer covered by Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”) must pay their eligible employees overtime pay. Considering the intricacies and complexities of these cases, it is important to discuss your circumstances with an employment law attorney. While the New York Labor Law applies to all individuals, section 651 provides only certain employees are entitled to overtime. Here at SAMUEL & STEIN, we are dedicated to answering questions and solving problems for employees and employers who have overtime issues, particularly New York City and Northern New Jersey. For example, a salaried employee who earns $104,000 a year earns $2,000 a week. The New York State Minimum Wage Orders contain the State’s overtime requirements. Automatic Deductions Of Pay For Meal And Rest Breaks Not Taken. Do Undocumented Workers Have the Same Protection against Unfair Labor Practices That U.S. Citizens Have? It is equally important for both workers and employees to know the overtime laws, which govern and protect employee rights. The penalties for withholding overtime include double the amount that should have been paid and up to $10,000 per year in fines. These workers were previously not eligible for overtime pay because they were paid an annual salary of at least $23,660, the previous minimum threshold for salaried employees. Why Are Some Labor Cases Heard in Federal Court and Not State Court? This new protection applies to almost anyone making less than $47,476, including salaried managers or professionals. If the salaried employee is performing the responsibilities of a salaried employee that is exempt from overtime pay (e.g. If you have questions about whether you qualify for overtime pay, we invite you to call our New York City office at 212-256-9425. (Almost all hourly employees, regardless of their wage, are already entitled to overtime pay.) Exempt employees are those who are not eligible for overtime pay, regardless of how many hours they work. MINIMUM WAGE & OVERTIME WAGE RATE - The New Jersey State Wage and Hour Law establishes a minimum wage rate and overtime rate for all workers in New Jersey that are covered by the Act. Tittle & Perlmuter 1,129 views. 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