New York Overtime Law

New York Minimum Wage Law

The New York Minimum Wage is $7.25 per hour as of July 24, 2009.

This amount may be modified based upon a number of factors. For example, Food Service workers --waiters and waitresses -- who earn at least $2.55 per hour in tips may be paid at a minimum wage rate of $4.60 per hour. Different rates exist for other types of service employees, specified within a set of regulations called a "Wage Order", which addresses the unique aspects of each industry or occupation.

The minimum wage for janitors in residential buildings is a per unit, rather than an hourly, rate. The current unit rate, for residential janitors earning less than $304.10 per week, is $4.80. In a payroll week, the amount paid to a piece-rate worker must average at least as much as the hourly state minimum wage.

Meal Breaks

Employees who work a shift of more than six hours starting before 11 A.M. and continuing until 2 P.M. must have an uninterrupted lunch period of at least half an hour between 11 A.M. and 2 P.M.

Last Paycheck

When employment has been terminated, New York Wage and Hour Law requires the employer must pay the wages by the regular payday for the pay period worked. If requested, the employer must mail the final wages to the employee.

Recordkeeping

Employers' payroll records must contain the following information regarding their employees: (1) Name, address and social security number; (2) Wage rate; (3) The number of hours worked daily and weeklyl; (4) The amount of gross wages, deductions from gross wages and net wages paid; (5) Allowances claimed, if any, as part of the minimum wage; (6) The time of arrival and departure of each employee working a split shift or spread of more than ten hours; and (7) The number of units produced daily and weekly by piece-rate workers.

Notice of Pay Rate and Payday for New Hires

Starting on October 26, 2009, New York employers must give newly-hired workers written notice of the rate at which they will be paid and their regular payday, under Section 195.1 of New York’s Labor Law. The notice must be given to new employees before they do any work.

The written notice must also include the employee’s overtime rate of pay, if they qualify for overtime. Most employees must receive overtime pay at one-and-a-half times their regular rate of pay for all hours they work over 40 in a given week. A very few occupations are not covered by the overtime provisions of labor law, such as farm workers and professionals.

No particular form is required. Employers may create their own forms, or use and/or adapt a sample form available at the link below. In the near future, sample forms for a variety of pay agreements (salaried, prevailing rate, exempt, and others) will be provided here.

New York Overtime Law

Employees who are covered by the New York Overtime Law who work overtime must be paid at a rate that is one and one-half times their regular, "straight-time" hourly rate of pay.  However, the New York Overtime Law makes a distinction between non-residential and residential employees.

For non-residential employees, this overtime rate applies to all time over 40 hours in a payroll week.  For residential employees ("live-in" workers), this overtime rate applies to all time over 44 hours in a payroll week.

The overtime requirement is based on hours worked in a given payroll week. Thus, time and one-half, double-time -- or any amount higher than the agreed rate -- is not required simply because the work is performed after eight hours per day or on a Saturday or Sunday.

Like the Federal Overtime Law, the Fair Labor Standards Act (FLSA), some workers are exempt or excluded from coverage under the New York Overtime Law.

To learn more about New York Wage and Hour Law and New York Overtime Law visit the New York Department of Labor at http://www.labor.state.ny.us/workerprotection/laborstandards/faq.shtm

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