{"id":375302,"date":"2017-08-25T13:39:04","date_gmt":"2017-08-25T18:39:04","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/new-york-law\/new-york-overtime-laws.html"},"modified":"2022-12-27T15:27:03","modified_gmt":"2022-12-27T20:27:03","slug":"new-york-overtime-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/new-york-law\/new-york-overtime-laws.html","title":{"rendered":"New York Overtime Laws"},"content":{"rendered":"\n
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New York Overtime Laws<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Chris Meyers, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

When you have to work long hours, the extra money in your paycheck can make it really worth the extra effort. Most employees are entitled to overtime compensation for working more than 40 hours a week.<\/p>\r\n

Understanding when you qualify for overtime<\/a> in the State of New York can be confusing and there are several common misconceptions about when overtime pay is due. Some people believe they are entitled to overtime pay for working more than eight hours in a day, or more than five days in a week. Some people believe they should receive overtime for working on the weekend. These beliefs aren’t exactly accurate. It’s worth more money in your paycheck to become familiar with New York overtime laws.<\/p>\r\n

New York Overtime Law Summary<\/h2>\r\n

This chart highlights key provisions of New York overtime laws.<\/p>\r\n\r\n

State and Federal Statutes<\/p>\r\n<\/th>\r\n

New York Overtime Rules<\/p>\r\n<\/th>\r\n

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  • State overtime pay rate is 1.5 times the state minimum wage<\/li>\r\n
  • Federal overtime rate is 1.5 times the employee’s normal rate of pay<\/li>\r\n
  • Averaging of hours over two or more weeks is not permitted<\/li>\r\n
  • Overtime wages are calculated based on the number of hours worked in a calendar week.<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Available Remedies<\/p>\r\n<\/th>\r\n

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  • If your employer wrongfully withheld overtime pay, you may have the right to:
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    • Back pay<\/li>\r\n
    • Damages caused by the failure to pay<\/li>\r\n
    • Attorney’s fees<\/li>\r\n
    • Newspaper vendors or carriers<\/li>\r\n
    • State Civil Penalties of up to $1,000<\/li>\r\n
    • FLSA Violation Penalty up to $10,000<\/li>\r\n<\/ul>\r\n<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Filing a Wage Complaint<\/p>\r\n<\/th>\r\n