New York employers generally must pay employees 1 ½ times their regular rates of pay for work in excess of 40 hours per week. If an employee is paid at different rates for different hours, the employer must pay overtime at 1.5 times the regular rate, determined by dividing gross earnings by the hours worked.

The federal Fair Labor Standards Act (FLSA) exempts some types of employees from the overtime pay requirement, and New York follows these exemptions. However, workers exempt from the FLSA but covered by New York’s Miscellaneous Wage Order (which covers industries other than hospitality and building services) must be paid overtime, but only at the rate of 1.5 times the state minimum wage, regardless of their regular rate of pay.

Some occupations are exempt from the overtime pay provisions of New York law and the FLSA. These include, but are not limited to, the following. Select an exemption to learn more.

Administrative Employee Exemption

To qualify for the administrative employee exemption, an employee must meet all of the following tests:

  • The employee’s primary duty consists of the performance of office or non-manual field work directly related to management policies or general operations.
  • The employee customarily and regularly exercises discretion and independent judgment.
  • The employee regularly and directly assists an employer, or an employee employed in a bona fide executive or administrative capacity or who performs under general supervision, work along specialized or technical lines requiring special training, experience, or knowledge.
  • The employee is paid for his or her services on a salary basis, inclusive of board, lodging, and other allowances and facilities, of not less than:
    • For New York City employers with 11 or more employees, $975 per week ($1,125 per week beginning December 31, 2018).
    • For New York City employers with 10 or fewer employees, $900 per week ($1,012.50 per week beginning December 31, 2018; $1,125 per week beginning December 31, 2019).
    • For Nassau, Westchester, & Suffolk County employers, $825 per week ($900 per week beginning December 31, 2018; $975 per week beginning December 31, 2019).
    • For other employers, $780 per week ($832 per week beginning December 31, 2018; $885 per week beginning December 31, 2019).

Click here for more information.

Executive Employee Exemption

To qualify for the executive employee exemption, an individual must meet all of the following tests:

  • The employee’s primary duty consists of the management of the enterprise;
  • The employee customarily and regularly directs the work of 2 or more other employees;
  • The employee has the authority to hire or fire other employees;
  • The employee’s suggestions and recommendations as to the hiring, firing, advancement, promotion, or any other change of status of other employees have particular weight;
  • The employee customarily and regularly exercises discretionary powers; and
  • The employee is paid on a salary basis, inclusive of board, lodging, other allowances and facilities, of not less than:
    • For New York City employers with 11 or more employees, $975 per week ($1,125 per week beginning December 31, 2018).
    • For New York City employers with 10 or fewer employees, $900 per week ($1,012.50 per week beginning December 31, 2018; $1,125 per week beginning December 31, 2019).
    • For Nassau, Westchester & Suffolk County employers, $825 per week ($900 per week beginning December 31, 2018; $975 per week beginning December 31, 2019).
    • For other employers, $780 per week ($832 per week beginning December 31, 2018; $885 per week beginning December 31, 2019).

Click here for more information.

Farm Laborer Exemption

Individuals employed on a farm are exempt from overtime requirements. Click here for more on farm laborers.

Outside Salesperson Exemption

To qualify as an outside salesperson, an individual must be customarily and predominantly engaged away from the employer’s premises and not at any fixed site and location for the purpose of:

  • Making sales;
  • Selling and delivering articles or goods; or
  • Obtaining orders or contracts for service or for the use of facilities.

Professional Employee Exemption

To qualify for the professional employee exemption, the job must meet these 2 requirements:

  1. The employee’s primary duty consists of the performance of work that:
    • Requires knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study, as distinguished from: a general academic education; an apprenticeship; and training in the performance of routine mental, manual, or physical processes; or
    • Is original and creative in a recognized field of artistic endeavor, and produces a result that depends primarily on the invention, imagination, or talent of the employee.
  2. The employee’s work:
    • Requires the consistent exercise of discretion and judgment in its performance; or
    • Is predominantly intellectual and varied in character (as opposed to routine mental, manual, mechanical, or physical work), and is of such a character that the output produced or the result accomplished cannot be standardized in relation to a given period of time.

Click here for more information.

Additional requirements and exceptions to the information above may apply. For more information, please contact the New York Department of Labor at 888-469-7365.

Please Note: The state laws summaries featured on this site are for general informational purposes only. In addition to state law, certain municipalities may enact legislation that imposes different requirements. State and local laws change frequently and, as such, we cannot guarantee the accuracy or completeness of the information featured in the State Laws section. For more detailed information regarding state or local laws, please contact your state labor department or the appropriate local government agency.

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