What are the laws regarding overtime in NY?

Answer 1

New York does not require that an employer pay an employee for their lunch break. In order for an employee to be paid however they must not have an uninterrupted break of at least 30 minutes without any work responsibility. For example, a secretary eating her lunch at her desk but still being responsible for picking up the phones is still actively working and must be paid for her time.

Answer 2

Covered employees who work overtime must be paid at a rate that is one and one-half times their regular, "straight-time" hourly rate of pay.

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.

Some categories of employees are excluded by federal law from the requirement to receive one and one half times their regular, straight-time rate of pay. The occupations excluded by federal law are outlined in the Fair Labor Standards Act (FLSA), listed by the U.S. Department of Labor, Wage and Hour Division at

http://www.dol.gov/elaws/esa/flsa/screen75.asp. New York State follows these exclusions but requires that they receive at least one and onehalf times the minimum rate of $7.15 for their overtime hours.

Where more than one level of government has jurisdiction, workers get the higher amount of pay. |top|

Answer 3

New York does not limit the amount of overtime that can be worked as long as the person in question is over 18. Otherwise there are child labor law restrictions. Otherwise an employer can require an employee to work an unlimited number of hours.