Neil H. Greenberg & Associates, P.C.

New York Overtime Attorneys

Overtime law firm serving NYC, Long Island, New Jersey and Connecticut

Both the New York "Overtime Pay" laws and the Federal Fair Labor Standards Act (FLSA) require that employers pay overtime to those individuals who are not "exempt" from the overtime requirements. They do this by classifying certain jobs as either exempt from the overtime rules and regulations, or non-exempt.

Typically, one or more of the following three exemptions are cited when employers wish to avoid paying overtime:

  • Employee is classified as bona fide executive
  • Employee is classified as administrative
  • Employee is classified as professional

But there are many other exemptions, focusing on the employee's actual job duties or the nature of the employer's business. The analysis is critical because employers are permitted by law to require exempt employees to work in excess of 40 hours without paying any overtime compensation.

There is no law in New York (and no federal law) limiting the number of work hours per week, except for those applicable to minors and certain regulated industries. But non-exempt employees may not be required to work overtime without additional compensation-defined as time and one-half of the regular rate of pay.

On December 29, 2016, the New York State Department of Labor adopted its proposed rule increasing the overtime exempt salary thresholds for the executive and administrative exemptions under the New York Labor Law. The increases took effect on December 31, 2016.

These amendments have increased the minimum weekly salary thresholds that employers must pay in order for their executive and administrative employees to be exempt from overtime compensation obligations under New York State law.

Specifically, the amendments raise the salary thresholds from the current amount of $675.00 per week to varying amounts depending on an employer's size and/or geographic location within the State of New York as follows:

New York City

Large employers (11 or more employees) in New York City:

  • $825.00 per week on and after 12/31/2016
  • $975.00 per week on and after 12/31/2017
  • $1,125.00 per week on and after 12/31/2018

Small employers (10 or fewer employees) in New York City:

  • $787.50 per week on and after 12/31/2016
  • $900.00 per week on and after 12/31/2017
  • $1,012.50 per week on and after 12/31/2018
  • $1,125.00 per week on and after 12/31/2019

Remainder of Downstate

Employers in Nassau, Suffolk and Westchester Counties:

  • $750.00 per week on and after 12/31/2016
  • $825.00 per week on and after 12/31/2017
  • $900.00 per week on and after 12/31/2018
  • $975.00 per week on and after 12/31/2019
  • $1,050.00 per week on and after 12/31/2020
  • $1,125.00 per week on and after 12/31/2021

Remainder of State

Employers outside of New York City, Nassau, Suffolk, and Westchester Counties:

  • $727.50 per week on and after 12/31/2016
  • $780.00 per week on and after 12/31/2017
  • $832.00 per week on and after 12/31/2018
  • $975.00 per week on and after 12/31/2019
  • $885.00 per week on and after 12/31/2019
  • $937.50 per week on and after 12/31/2020

What does "salary" mean? Being paid on a "salary basis" means an employee regularly receives a predetermined amount of compensation each pay period. This can be on a weekly, or less frequent, basis. The predetermined amount cannot be reduced because of variations in the quality or quantity of the employee's work. An exempt employee must receive the full salary for any week in which they perform any work, regardless of the number of days or hours worked.

If you or a loved one believe you have been wrongly classified as an exempt employee or that you're otherwise due overtime call the law firm of Neil H. Greenberg & Associates today at 1-866-546-4752 to schedule a free consultation. The firm's team of skilled and experienced attorneys are waiting to answer your questions and to help you protect your legal rights.

(516) 228-5100 | Massapequa, NY 11758(866) 546-4752 | New York, NY 10017