The FLSA, the NYLL, and the supporting regulations protect qualified employees when they work more than 40 hours in a week.
Are there any exceptions to the overtime rules?
Workers must be considered to be “employees” to be entitled to overtime pay under the FLSA, the NYLL, and the supporting regulations. Workers who are considered to be “independent contractors” are not entitled to be paid overtime under these laws. See the questions about the difference between employees and independent contractors for additional information.
Under the FLSA and New York’s Hospitality Wage Order, some employees are considered to be “exempt” from overtime pay if they are employed in an executive, administrative, or professional capacity. Some sales employees are also considered to be “exempt” from overtime pay under these laws.
The determination of whether an employee is considered to be “exempt” or not under these laws is made on a case-by-case basis. There are no published lists of jobs that are considered to be “exempt.” An experienced wage and hour lawyer, however, can examine past cases and discuss with you whether you should be classified as an exempt or nonexempt employee. See the wage and hour FAQ about exemptions for additional information.
Are You Owed Tips or Overtime? Contact Leeds Brown Law, PC.
If your employer has withheld tips, gratuities or overtime pay owed you, contact New York employment law attorneys at Leeds Brown Law, P.C. today to schedule a free, confidential consultation to discuss your case and learn how we can help you.Are You Owed Tips or Overtime? Contact Leeds, Morelli & Brown
If your employer has withheld tips, gratuities or overtime pay owed you, contact New York employment law attorneys at Leeds Brown Law, P.C. today to schedule a free, confidential consultation to discuss your case and learn how we can help you.
