Employees in New York have both federal and state-level laws that protect them. Some New York laws are unique, while others reinforce or expand on baseline federal protections.
As is the case for many workers across the United States, employees in New York are sometimes eligible for overtime wages. Understanding who is eligible can help workers assert their rights when necessary and may help employers avoid violating the law.
When do workers have a right to receive 150% of their typical hourly pay due to overtime rules?
When they are hourly or non-exempt
Many wage laws specifically protect hourly workers. Hourly employees have no guarantee regarding the amount of pay they receive. Their wages reflect the time that they actually worked, and their pay could be drastically different from one check to the next.
Hourly workers generally have the right to receive overtime wages if they work more than 40 hours in one seven-day workweek. Employers do get to choose when the workweek starts and ends, provided that it is consistent.
Many salaried employees are not eligible for overtime pay. The amount of an employee’s salary and even the industry in which they work can potentially influence whether they are exempt from overtime pay rules or not. Even in cases where the company may have a rule prohibiting overtime, the organization still has an obligation to pay them for the time they worked.
Learning about wage rules and scheduling practices can help prevent wage disputes or settle them when there is a disagreement. In some cases, disputes about wages can lead to employment litigation. Assessing the time worked and the employment arrangement with a professional could help people more effectively evaluate the situation.
