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New York Overtime: What you need to know

Because the federal Fair Labor Standards Act (FLSA) applies to virtually all enterprises involved in interstate activities, most New York employers are covered by both state and federal law. Where the two laws conflict, employers must adhere to the stricter overtime standard.
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Both the federal and state laws require that covered employers pay nonexempt employees 11/2 times their regular rate for hours worked in excess of 40 in a workweek.
Resort hotel employees. Resort hotel employees must be paid time and a half whenever they work a seventh consecutive day.
Domestic workers. Domestic workers in New York are entitled to overtime pay at 11/2 times their regular rate for hours worked in excess of 40 in a workweek, or 44 in a workweek for workers who live in their employer’s home. Domestic workers are individuals employed in a home or residence for the purpose of caring for a child, serving as a companion for a sick, convalescing, or elderly person, housekeeping, or any other domestic service work. The law does not include casual workers, companions employed by someone other than the household, or relatives.
New York provides an overtime exemption for bona fide executive, administrative, and professional employees (NY Admin. Code Sec. 138-4.4).
In addition, the New York overtime provisions cover all employees except the following:
• Farmworkers
• Part-time babysitters in the employer's home
• Taxi drivers
• Learners, apprentices, students, or handicapped individuals working for certain nonprofit institutions
• People who are employed in religious, educational, or charitable summer camps
• Staff counselors in children's camps
• Students employed by nonprofit groups in colleges or universities

>> Read more about Overtime

More on this topic:

State Requirements

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New York Overtime Resources

Overtime Products

Compensation.BLR.com
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FLSA Overtime: MakingYour Way Through the Exempt/Nonexempt Minefield
This Special Report is designed to provide you with an examination of the overtime regulations, an explanation of how they differ from the old regulations, valuable tips for bringing your workplace into compliance in an affordable manner, and an overall review of who and what the FLSA covers. Download now."
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Calculating Overtime Webinar Recording
BLR Webinar: "Calculating Overtime: Step-by-Step Strategies to Avoid Big Mistakes With Overtime Rules and Math""
FLSA Overtime: MakingYour Way Through the Exempt/Nonexempt Minefield
This Special Report is designed to provide you with an examination of the overtime regulations, an explanation of how they differ from the old regulations, valuable tips for bringing your workplace into compliance in an affordable manner, and an overall review of who and what the FLSA covers."
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Claim Your Free Copy of Top 100 FLSA Overtime Q&As

We’ve compiled a list of the 100 most commonly asked questions we have received on the federal Fair Labor Standards Act (FLSA) overtime regulations.
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This report, "Top 100 FLSA Q&As", is designed to provide you with an examination of the federal FLSA overtime regulations in Q&A format, including valuable tips for bringing your workplace into compliance in an affordable manner.

At the end of the report, you will find a list of state resources on wage and hour issues. This report includes practical advice on topics such as:
  • FLSA Coverage: How FLSA regulations apply to all employers and any specific exemptions from the overtime requirements
  • Salary Level: Qualifying for exemptions and nonexempt employees
  • Deductions from Pay: Deducting for violations, disciplinary reasons, sick leave, or personal leave


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