New York Overtime laws & HR compliance analysis

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

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