New York Fair Labor Standards Act (FLSA): What you need to know

The Fair Labor Standards Act (FLSA) is a federal law. It applies in every state but allows the states to pass laws that are more generous to employees and to regulate the rare cases in which federal law does not apply.
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Minimum wage and overtime. New York has enacted laws governing wages and hours, the focus of the federal law. There is a discussion of the state law in these areas.
Because the federal 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. 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. New York provides an overtime exemption for bona fide executive, administrative, and professional employees.
Like the federal law, New York law regulates the employment of homeworkers. New York defines “homework” as the home manufacture of any article from material supplied by and returned to the employer or shipped to others after the work is done. Under this definition, a “telecommuter” doing clerical work at home is not a “homeworker” (although he or she may be an employee).
Under New York law, all homeworkers are presumed to be employees rather than independent contractors. As employees, they are entitled to all the protections enjoyed by employees working at the employer's place of business, including a safe workplace, minimum wages, and overtime pay. Children employed as homeworkers are covered by child labor laws.
Homework is prohibited in all industries unless the ...

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