Unless you are exempt, both Federal and New York State law require that your employer pay you 11⁄2 times your regular hourly rate for any time you work past 40 hours in a work week. For example, if you are regularly paid $10.00 per hour and work 50 hours in any week, you are entitled to be paid $15.00 per hour for each of the 10 hours you worked past 40 in that week.
Generally, the categories of employees which the law recognizes as exempt from overtime pay include executive, administrative, professional, outside sales, and certain computer-related employees.
The title that is assigned to your position by your employer does not answer the legal question whether you are entitled to overtime pay. Rather, an analysis of the actual duties and responsibilities of your job will determine whether you actually fall under one of the legally recognized exemptions from overtime.
Also, the fact you are paid a fixed salary every week does not mean that you are exempt or not entitled to be paid for hours you worked past 40 at the overtime rate.
Instead, if you’re non-exempt, a formula is used to calculate your regular hourly rate and the overtime pay that is owed to you.
Wage Theft Protection Act
New York Law requires every employer to provide every employee, at the time of hire and every year by February 1, written notice of the employee’s regular rate of pay; overtime rate; the basis of their wage payment (per hour, per shift, per week, piece rate, commission, etc.); any allowances that the employer intends to claim as part of the minimum wage including tip, meal, and lodging allowances; and the regular payday.
Employers must provide the notice in English and the employee’s primary language.
The employer must also have the employee sign a statement acknowledging receipt of the written notice in English and the employee’s primary language.
The notice to exempt employees may state the specific exemption that applies.
New York Labor Law
With every payment of wages, your employer must provide you a statement (a pay stub) listing:
the dates of work covered by the payment;
the employer’s name, address and phone number;
the rate of pay and basis thereof (whether paid by the hour, shift, day, week,
salary, piece, commission, or other);
the regular hourly rate of pay;
the overtime rate of pay;
the number of regular hours worked;
the number of overtime hours worked;
your gross wages;
deductions from gross wages;
allowances, if any, claimed as part of the minimum wage; and your net wages.
The regular payday must be at least weekly for manual workers, at least twice a month for clerical and other workers, and at least monthly for commissioned salespeople.
New York law requires written agreements for commissioned sales employees.
Employers in New York must also notify employees in writing or by publicly posting its policy on sick leave, vacation, personal leave, holidays and hours.
Finally, when your employment is terminated, New York law requires that within five working days, your employer provide you written notice of the exact date of such termination as well as the exact date of cancellation of any employee benefits.
Long Island New York Wage & Overtime Lawyer
If you have not been paid all the wages owed to you, call or contact us online immediately for a FREE consultation.