You may not have paid attention to changes made to the basic salary threshold by the New York Department of Labor in Dec. 2016. Perhaps that was because it didn't affect you in 2017. Now that it's a new year, your employment status may have changed, and you may now be eligible for overtime even as a salaried employee.
If you are a home care provider in New York, you play a vital role in the health care industry. Because of the work you do, patients can remain in their homes and still receive professional, compassionate care.
The Obama Administration pushed for reform to the Fair Labor Standards Act (FLSA) overtime rule. Reform is likely needed, as the current set threshold has not been updated in over a decade.
The Fair Labor Standards Act helps to ensure that workers are paid a fair wage. It stays quiet, however, on the issue of whether or not employers must give their employees time away from their duties to eat lunch, make a phone call or simply use the restroom. Fortunately for New York State residents, the state has stepped in and filled the obvious gap.
The topic of overtime is far from straightforward. Employees who are considered exempt at the federal level may be nonexempt at the state level. Workweeks may vary from worksite to worksite (e.g. a construction worker may work eight hours a day and five days a week while a nurse may be on duty for four consecutive days 10 hours a day), making it difficult to determine who is eligible for overtime and who is not. Employees may not realize that holidays do not mandate overtime pay while employers may not be aware that they are obligated to compensate their employees for travel time.
It seems like overtime should be a straightforward topic. If a person works more than 20 hours a week for a part-time position, or more than 40 hours a week for a full-time one, he or she should be paid overtime. Right? Not exactly. When it comes to the question of work and pay, there is no such thing as straightforward.
In the workaday world, a minor is anyone under the age of 18. Hiring minors, especially for temporary, seasonal positions, can be a win-win situation. The employer gets labor at a cheaper rate than he would if he hired an adult. The minor gets experience and a small degree of financial freedom. Before posting a Craigslist ad for a painter or lifeguard, however, employers should be aware of some employment rules and regulations that are different for minors than for adults.
If you are eligible for overtime pay, you should know that you are supposed to receive time-and-a-half for every hour you work beyond 40 hours in one workweek. Workers who are eligible for overtime pay are categorized as non-exempt workers.
New York employers are expected to know and comply with wage and hour laws that dictate how and when their employees should be compensated. These rules are strictly enforced, but there are some parties that do not follow them and hope they can get away by taking advantage of employees who are not as familiar with wage and hour laws.