Ask Asa: Understanding Overtime Regulations
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If you are unemployed, you know it's a jobless jungle out there. To help you navigate the unemployment terrain, NY1's Employment reporter Asa Aarons has answers to some viewers' questions.We are getting more letters from people actually returning to work and wanting to know about workplace issues. One such example is Ray from New York who writes:
Hi Asa,
I am beginning a new job and wanted to know about how overtime hours affect your pay. The job offers a 40 hour work week but I was told I could count on putting in more hours.
Thank you.
- Ray
Ray, here's how it breaks down according to the New York State Department of Labor. Covered employees who work overtime must be paid at a rate that is one and one-half times their regular, "straight-time" hourly rate of pay. For non-residential employees, this overtime rate applies to all time over 40 hours in a payroll week. For residential employees, meaning "live-in" workers, this overtime rate applies to all time over 44 hours in a payroll week.
The department of labor does list some special categories with different rates under the Fair Labor Standards Act. Commissioned sales employees of retail or service establishments are exempt from overtime if more than half of the employee's earnings come from commissions. Drivers and mechanics are also exempt from some overtime pay provisions. Professional executives who are paid on a salary basis, meanwhile, are exempt from both the minimum wage and overtime provisions of the FLSA.
In each of these cases there are additional regulations you need to research and understand. The issue is further complicated in areas like ours where people might live in New Jersey but work in New York or vice-versa.
In other cases regarding overtime, exempt professions etcetera, check the individual state by visiting www.dol.gov.
Also, many things we've come to take for granted may no longer be the case with a new employer. One example is paid holidays. They are a nice gesture, good for morale, but according to the labor department, they don't have to pay you for a day you did not work.
To find out more about all these regulations, visit www.labor.ny.gov.
If you have an employment story, a job, a new interview technique, or something you want to share with those looking for work or those doing the hiring, contact Asa Aarons at askasa@ny1.com.