Overview

Presumption of Non-exempt:

All employees are presumed to be non-exempt (eligible for minimum wage and overtime) unless they meet specific criteria regarding the type of work they do and how much they get paid.

Entitlements for Non-Exempt Employees:

  • Minimum wage for first 40 hours each week.
  • Overtime (time-and-a half) for hours over 40 each week.
  • Spread of hours pay (extra hour of minimum wage) when work more than 10 hours a day.

Specific workers:

  • Tipped employees (i.e., food service staff, porters, bellhops) may be paid lower minimum wage rates.
  • Nannies, maids, and home care aids must generally be paid minimum and overtime wages.

Employees must be paid for all hours worked, including

  • Time spent on duty or at a place of work;
  • Time permitted to work even when not scheduled to work;
  • Work performed at home;
  • Travel time and waiting time; and
  • Time spent during training and probationary periods.

Important notes:

  • Undocumented workers are protected by law!
  • An employer must keep records of employees’ hours worked and pay. If an employer does not keep records, the employee/worker can make his case based on memory.
  • Retaliation is prohibited when an employee complains about wages.

Statute of limitations:

  • Federal: 2/3 years
  • New York State: 6 years

Potential damages:

  • unpaid wages
  • liquidated damages (double the amount of money not paid)
  • penalties
  • interest
  • attorneys’ fees and costs

Current wage rates:

Visit our Blog for a list of current applicable wage rates.

Protecting Your Right To A Fair Wage

The Fair Labor Standards Act (FLSA) is the federal law governing minimum wage and overtime requirements for all private sector workers as well as local, state and federal employees. New York state has its own labor law and various wage orders regarding minimum wage and overtime.

Fisher Taubenfeld LLP is an established New York employment law firm dedicated to zealously representing employees who are mistreated by their employers. Our attorneys routinely handle wage and hour claims, working to ensure that New Yorkers are paid fairly and fully for the time they are on the job.

We have answers to many of your common questions regarding minimum wage and overtime eligibility in New York. You can also contact us for a free, confidential phone consultation if you believe you are not being paid for the time you work. Call 866-654-0343.

Manhattan Overtime Lawyers | Explaining Your Wage Rights

Federal and New York state law generally require that employers pay their nonexempt employees no less than the minimum wage for each of the first 40 hours they work in a week and time and a half for overtime hours. Some employees, however, are classified as exempt and are not eligible to be paid the minimum wage or for overtime work.

What Is The Minimum Wage?

Minimum wage is the lowest rate that employers must pay nonexempt employees for each hour of work in accordance with federal law. State law may set a higher rate, but cannot go lower than the federal rate. Some employees, such as restaurant and other service workers, can be paid a lower minimum wage rate.

Visit our blog for the current applicable wage rates.

What Is Overtime Pay?

Nonexempt employees who work more than 40 hours a week are entitled to receive 150 percent of their regular hourly wage for every hour over 40 in a given week. For example, an employee who earns $10 an hour and works 50 hours in one week is entitled to be paid $15 for the 10 hours of overtime he or she works. It is important to note that there is no requirement to pay overtime for employees who work more than eight hours in one day.

Contact Fisher Taubenfeld LLP

We offer a free and confidential phone consultation in which you can discuss your wage or hour claim. Send an email or call 646-741-3490, toll free 866-654-0343, to speak with an experienced New York minimum wage lawyer.