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New York Overtime Pay Law

Filed under Managing the Workplace. Fact checked on May 25, 2012.

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Employers in New York must conform with these state rules regarding overtime pay for employees.

In New York, for most occupations, overtime must be paid at one and one-half times the employee's regular rate for working time over 40 hours in the week.

Special overtime pay rules apply for:

  • building services
  • health care providers and nurses
  • domestic workers
  • not-for-profit employers
  • restaurant employers
  • hotel employers

Effective January 1, 2011, when an employer is taking a tip credit towards a tipped employee's minimum hourly rate, the overtime pay rate is the employee's regular rate of pay before subtracting the tip credit, multiplied by one and a half, minus the tip credit. Employers are not permitted to subtract the tip credit first.

Written notice required. Employers are required to give notice to employees at the time of hire of the rate of pay and the employer's designated payday in writing. If employees are eligible for overtime compensation, the notice must also state the regular hourly rate of pay and the overtime rate of pay. Employers must obtain written acknowledgment from each employee of receipt of the notice.

Exemptions From the General Overtime Provision

The following are exempt from the general overtime pay provisions:

  • babysitters and companions
  • booth renters
  • farm laborers
  • executive, administrative or professional employees
  • outside salespersons
  • taxicab drivers
  • students in a college faculty or student association
  • staff counselors in a children's camp

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