New York State Laws on Overtime for Over 40 Hours
- New York law requires employers to pay overtime based on how many hours the employee works in one work week. Thus, employees are not entitled to overtime if they work more than eight hours in a day but do not work more than 40 hours in the week. New York does not provide overtime for employees if they work on the weekend or on holidays, unless they exceed the 40-hour rule.
- Domestic employees such as maids, butlers and nannies are entitled to overtime pay in New York. However, domestic employees are subject to different guidelines than regular employees. As with regular employees, domestic employees' overtime is based on how many hours they work per week, not per day. However, while regular employees are entitled to overtime pay if they work more than 40 hours per week, domestic employees are only entitled to overtime pay if they work more than 44 hours in a given week.
- Federal law exempts certain categories of workers from receiving overtime pay. If an employee works in an administrative, professional or executive capacity, employers do not have to pay her overtime under federal law. However, New York requires these employees to get overtime pay. As of the time of puiblication, all exempt employees in New York must receive overtime pay based on a minimum pay rate of $7.15 per hour.
- Employers in New York must provide meals and breaks to full-time employees. Meal periods must be 20 to 60 minuteslong, depending on the worker's industry and the shift that he works. Meals and breaks are unpaid and do not count toward the employee's 40 hours per week of regular payment. Employees in New York are also entitled to one day off for each six days of consecutive work.