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Are all employees entitled to overtime pay?

On Behalf of | Apr 24, 2023 | Employment Law |

If you are an employer or an employee in Staten Island, you may wonder about the rules regarding overtime pay. Not all employees are entitled to overtime pay.

Overtime laws

Overtime pay is the extra compensation that employees receive for working more than 40 hours in any workweek. According to the federal Fair Labor Standards Act and the New York Labor Law, overtime pay must be at least one and a half times the regular rate of pay. However, not every worker is covered under these laws.

Those who qualify

Hourly workers who are paid by the hour are eligible for overtime pay. In addition, certain non-exempt salaried workers also qualify.

Tipped workers who receive tips from customers in addition to their wages qualify for overtime. Commissioned workers who receive a sales percentage or profits also qualify.

Those who do not qualify

Some employees that are not required to be paid overtime are exempt salaried workers who are paid a fixed salary for all hours worked, regardless of how many hours they work in a week.

Independent contractors who are not employees of a company, but who provide services on their own terms and conditions, do not qualify for mandatory overtime. Certain professionals who have advanced degrees or specialized skills, such as doctors, lawyers, teachers and engineers also do not qualify.

Certain executives who have managerial authority and discretion over their work, along with certain administrative employees who perform office or non-manual work related to the management or general business operations of a company may also not qualify. And, certain outside sales employees who regularly work away from the employer’s place of business and make sales or obtain orders may not qualify for mandatory overtime either.

Not exhaustive

These are some general categories of employees that must be paid overtime and those that are not required to be paid overtime in Staten Island, New York. However, there may be specific factors and circumstances that affect an employee’s eligibility for overtime pay. Therefore, it is advisable to check federal and state laws if you have any questions or doubts about your rights or obligations regarding overtime pay.