New York State law requires employers in New York to pay their employees at least $8.00 for each hour worked. In many cases, figuring out whether your employer pays you a minimum wage is straightforward, but it becomes more complicated for employees that are paid a fixed amount per shift, are paid on a commission basis or receive tips as part of their compensation. In most cases, these arrangements are permissible provided that the employee always receives at least the minimum wage amount.
Certain categories of jobs are entitled to a premium for any overtime that these employees work. For hourly employees, it is simple: your employer must pay you one and one-half times your regular hourly rate for every hour that you work over forty in a given workweek.
For salaried employees, whether you are entitled to overtime compensation depends on the specific type of work that you do for your employer. Both federal law (the Fair Labor Standards Act or FLSA) and state law (the New York Labor Law) treat some types of administrative, executive, sales, and professional employees as exempt from the overtime requirements if they meet a narrow set of exceptions. Determining whether you are entitled to overtime compensation requires an application of your specific job duties to the standards set forth by the U.S. Department of Labor and the New York State Department of Labor.
If you have questions about whether your employer has been paying you properly, you should speak with an attorney. Here at the Filosa Graff Law Firm, we have experience litigating all types of minimum wage and overtime claims. You can contact us by calling (212) 256-1780 or Filling Out The Form Here.
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