New york overtime exemption

Salary-Basis Test: New York generally follows federal rules for the salary-basis test. For exempt employees, salary deductions are limited to the following circumstances: One or more full day absences for personal reasons other than sickness or disability; Absences of one or more full days due to sickness or disability if the deduction is made in accordance with a bona fide plan, policy or practice of providing compensation for salary lost due to illness; To offset jury or witness fees, or for military pay; For penalties imposed in good faith for infractions of safety rules of major significance; For unpaid disciplinary suspensions of one or more full days imposed in good faith for serious misconduct, such as sexual harassment, workplace violence, drug or alcohol use, or for violations of state or federal laws.

The suspension must be imposed pursuant to a written policy applicable to all employees; In the employee's first or last week of employment if the employee does not work the full week; or For unpaid leave taken by the employee under the Family and Medical Leave Act.

Duties Test New York : New York's duties tests vary for each exemption and are slightly different than the federal duties tests. Administrative Exemption: To qualify for the administrative exemption under New York law: The employee's primary duty must involve performing office or non-manual work directly related to management policies or the employer's general operations; The employee must regularly exercise discretion and independent judgment; and The employee must: Regularly and directly assist the employer or an employee employed in a bona fide executive or administrative capacity; or Perform, under only general supervision, specialized or technical work requiring special training, experience, or knowledge.

Professional Exemption: To qualify for the professional exemption under New York law, the employee's primary duty must consist of performing work that requires advanced knowledge in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study. The employee's work must: Require the consistent exercise of discretion and judgment; Be predominantly intellectual and varied in character as opposed to routine mental, manual, mechanical, or physical work ; and Be of such a character that the output produced cannot be standardized in relation to a given period of time.

Executive Exemption: To qualify for the executive exemption under New York law the: Employee's primary duty must consist of the managing a customarily recognized department or subdivision of the enterprise; Employee must customarily and regularly direct the work of two or more other employees; Employee must have the authority to hire or fire other employees, or their suggestions and recommendations will be given particular weight; and Employee must customarily and regularly exercise discretionary powers.

Conclusion: Before classifying employees as exempt from overtime, make sure that the employee satisfies the salary-level, salary-basis, and duties tests under both federal and state law. The contents of this document do not have the force and effect of law and are not meant to bind the public in any way.

This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies. Revised November PDF Section 13 b 1 of the FLSA provides an overtime exemption for employees who are within the authority of the Secretary of Transportation to establish qualifications and maximum hours of service pursuant to Section of the Motor Carrier Act of , except those employees covered by the small vehicle exception described below.

Thus, the 13 b 1 overtime exemption applies to employees who are: Employed by a motor carrier or motor private carrier, as defined in 49 U.

Presentation Request Form. Student Lending. Conviction Review Bureau. Free Educational Programs. Human Trafficking Initiative. Immigration Services Fraud Initiative. Land Bank Community Revitalization. NY Open Government. Pennies for Charity. Source of Income Discrimination. Taxpayer Protection Initiative. Contact Us. The rate of increase depends on the size, location, and, in some cases, industry of the employer. General information about minimum wage is:.

Overtime pay is a higher pay rate for hours worked after 40 in a work week. Almost all workers are entitled to overtime pay, but there are some exceptions. There is no general legal limit on how long the employer can require adults to work, but you are entitled to overtime pay for all hours worked after 40 in a work week. Factories, stores, hotels, restaurants and some other employers are required to give all employees at least one full day of rest 24 consecutive hours each calendar week.

There are limits on how long people under age 18 can work, and for some workers, such as drivers, there are safety laws that limit how many hours of work is permissible. Minimum wage and credit for tips received for food service workers are as follows:.

At the time of hiring, an employer must notify the new employee of his rate of pay and of the regular pay day designated by the employer, among other information. However, the Court of Appeals for the District of Columbia recently affirmed its validity. The final rule also revises the recordkeeping requirements for employers of live-in domestic service employees.

No, third party employers are not entitled to claim either the companionship services or live-in domestic service employee exemptions under this Final Rule. Live-in domestic workers who are employed by a third party must be paid at least the federal minimum wage and overtime pay for all hours worked.

A live-in domestic service worker and an employer may make an agreement excluding sleep time, meal time, and other periods of freedom from all duties when the worker leaves the premises or stays on the premises for purely personal matters from compensated hours.

However, the live-in domestic service worker must be paid for all hours worked even if those hours deviate from the agreement. Under the FLSA, employees who travel to more than one worksite for an employer during the workday must be paid for travel time between each worksite.

Workers who travel to more than one worksite for an employer during the workday must be paid for travel time between each worksite; if the travel is not direct because the employee is relieved from duty long enough to engage in purely personal pursuits, only the time necessary to make the trip must be paid.