Most employers are required under federal and New York law to pay overtime. The general rule is that all employees who are not exempt must be paid one and one-half of their regular hourly rate for each overtime hour worked, but as an experienced Bronx employment lawyer understands, there are many exceptions, and the rules are complex.
According to the federal Fair Labor Standards Act, all employers whose annual sales are over $500,000 or who engage in interstate commerce are required to pay overtime. In interpreting exactly what activities constitute interstate commerce, courts have been very liberal, which in essence means almost every business must pay overtime.
If an employee is classified as exempt, that person is not entitled to overtime. Under the FLSA, an employee who earns a minimum of $455 a week may fall into a specific exemption under one of these categories:
- Executive exemption
- Administrative exemption
- Professional exemption Computer exemption
- Highly compensated professional exemption
Additionally, other categories of exemptions exist, and for some exemptions, New York law requires a higher threshold minimum weekly compensation.
Overtime as a Daily vs Weekly Standard
Overtime in New York is based on the number of hours worked in a week, which is defined as any period of seven consecutive days. Consequently, overtime is required if you work more than 40 hours in any one week but not if you work in excess of eight hours in any one day. Issues a Bronx employment law attorney report arising in the calculation of hours worked for overtime eligibility include on-call time, rest periods/break time, meal time and travel time.
Overtime rules apply only to employees and not independent contractors, however, it is not unusual for an employer to classify a worker as an independent contractor when, in fact, he or she is actually an employee. Employee status is liberally interpreted so that as many workers as possible receive protection under FLSA laws.
Contact a Bronx Employment Lawyer for Legal Counsel
If you believe you have not received fair compensation from your employer, it is important to understand what the law requires and what you may be entitled to. Call the Law Offices of Delmas Costin, Jr., a Bronx employment lawyer, at (877) 440-0854.