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.
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.