As experienced Rockland County Employment Lawyers, many employers come to us asking whether they have to pay overtime to particular employees. The answer is: it depends. First of all, there are several laws that apply to overtime. First is a federal statute, The Fair Labor Standards Act also known as FLSA and the other is, in our state, the New York State Labor Law. Under New York State Labor Law, typically, employees who do not exercise discretion, are not professionals, for example, may be entitled to overtime. Under federal law it is slightly different and slightly more complicated.
Under state law, there are wage barriers below which one may have to pay overtime and above which the employer may not have to pay overtime. When an employer comes to us asking if we have to pay overtime, we inquire about the facts in terms of what the employees are doing, what is the nature of their pay, are they making at least minimum wage and things of that nature? When it comes to federal law, we also may have to inquire actually about the gross income of the employer to determine whether the employer is even covered under law.
Are you required to pay certain employees overtime? Contact our Rockland County Employment Lawyer for advice.