Wow - that's a lot of questions. The overtime laws for New York state salaried workers change depending on which New York county you live in. A plant closing refers to the shutdown of a single site of employment that results in an employment loss of 25 or more full-time employees during any 30-day period. Updated 3/1/23. FORGOT TO SAY THAT WE HAVE TO SIGN IN AND OUT, AND SIGN IN AND OUT AT LUNCH IS THIS NORMAL!?!?!?! NY Labor Law 651(5)(c) To qualify as an outside salesman, an employee must: New York exempts computer systems analysts, computer programmers, software engineers, or other similarly skilled workers from its minimum wage or overtime requirements under the same rules as the Fair Labor Standards Act. The main federal law for employment issues is the Fair Labor Standards Act (FLSA). I am a product manager, a salaried employee, so one would assume that since I work on a salary basis, I wouldnt get paid hourly, right? Special overtime pay rules apply for domestic workers, non-profit employees, restaurant and hotel employees, and workers in the building services industry. In general, employers must provide at least 30 minutes of unpaid time off if an employee works more than 6 hours. NYS's new law expands and simplifies access to this important program. What about pregnancy? WELL each paycheck that I get, says 35 hours for the week and if I have a Dr appointment, and I am out for an hour or 2, they subtract it from the 35, andI only get paid for the hours worked. For more detailed information, including which employees are covered by this law, please seeFrequency of Pay Frequently Asked Questions. Employers can't retaliate against employees for reporting labor law violations. Some employees are exempt from overtime, and therefore can be asked to work more then 40 hours a week Rules 142-2.14 (4) (i) Administrative exemption My company doesnt let you swap sick/vacation days, and we have NO personal days. For more information on Educational Seminars please call: 518-457-9000. I am not sure if this is legal? Other minimum wage and overtime exemptions. Please mail all completed claim forms to: New York State Department of Labor Employees of resort hotels for hours worked on the seventh consecutive day Webbe paid a salary on a weekly basis of not less than the amounts listed below, including board, lodging, other allowances and facilities: New York City $1,125.00 Nassau, Suffold and Westchester counties $1,125.00 Remainder of the state $937.50 NY Admin. State Office Campus, Albany, NY 12240. Employers must keep payroll records showing, for each week worked by an employee: This page is available in other languages, Wages and Hours Frequently Asked Questions, Non-Profit making Institutions, Public Agencies, and Children's Camps FAQs, https://www.nysenate.gov/legislation/laws/LAB, https://www.ny.gov/programs/new-york-paid-sick-leave, Section 198c of the New York State Labor Law, Benefits or Wage Supplements, Notice Requirements for Fringe Benefits and Hours, Unpaid/Withheld Wages or Wage Supplements/Fringe Benefits Claim Information. NY Overtime, Salary is a method of pay, doesn't necessarily mean you are exempt. If enacted, the amendments would require covered employers to include a job description and information about benefits, bonuses and other non-wage compensation in job postings, in addition to the already-required pay ranges. Only temporary help firms, as defined under New York State Labor Law 916(5), are exempt from this law. Based on the New York minimum wage of $9.00 per hour, the minimum amount New York Labor Law requires that employees working for commission have a written agreement, detailing: 1) how the commission will be calculated; 2) the frequency of payment; and 3) details relevant to determination of wages upon termination of employment. You can contact State Labor Laws Minimum Paid Rest Period Requirements Under State Law for Adult Employees in Private Sector Minimum Paid Rest Period Requirements Under State Law for Adult Employees in Private Sector January 1, 2022 Historical Tables FOOTNOTES 1 States not listed do not require paid rest periods. To calculate your weekly overtime pay, enter your normal hourly wage and the weekly number of hours you worked into the I dont think I am wrong! As far as the other actions, I am not seeing anything that could be construed illegal. However, an employer that violates the Minimum Wage Law is subject to criminal prosecution and penalties. Their employers must clean and take care of the uniforms. NYS DOL From how you are writing, it doesn't seem to me that you are exempt. Nevermind laws, what about morals? This is referred to as a day of rest, Then, on the other hand, let's say that an employee was improperly classified as salaried and now the employer owes that person back overtime and minimum wage pay. I do know that you can take 12 weeks under FMLA, and I did hear you can take 26 weeks under state disability after the birth of the babyCan anyone help me with some answers????? Portnoy, Messinger, Pearl & Associates, Inc. The State of New York does not imply approval of the listed destinations, warrant the accuracy of any information set out in those destinations, or endorse any opinions expressed therein. The Division of Labor Standards will provide Educational Seminar information in brochures, booklets and PowerPoint presentations at no cost to an employer. flutter html decode; um law reddit; powershell enable basic authentication Salaried employees usually arent entitled to overtime or a minimum If passed, the legislation would amend the New York Labor Law and apply to all New York State employers, including all public and private employers. Thank goodness shes in remission now, but cannot enjoy a few days to relax, because she will get DOCKED for those days are there any laws on this?? My God, companies would go out of business if they had to pay people when they weren't at work indefinitely. Be aware that the FAQs and documents, including the regulations, on the DOL website don't tell the whole story. For a more complete listing, see theNYS Labor Law, Article 19, Section 651. Is this a new trend? To fix those problems and resolve the circuit court split, the regulations made it OK to keep track of exempt employee time. The bill now awaits signature by Governor Hochul. the New York Department of Labor office here: Document Tags: Employers must provide at least 90 days notice before closing a plant. I am not an HR professional Thats why I was asking questions. New York State Overtime Laws 2022 Overtime laws can be confusing. Non-exempt employees 40 hours. Current employees would also have the right to learn the pay range for their own position annually and upon request. Article 19 of the Labor Law requires employers to post the provisions of the Minimum Wage Act. WELL each paycheck that I get, says 35 hours for the week and if I have a Dr appointment, and I am out for an hour or 2, they subtract it from the 35, andI only get paid for the hours worked. your next step is to contact the New York Department of Labor with an unpaid overtime claim form. Big difference. WebThe Laws of New York Consolidated Laws of New York CHAPTER 31 Labor ARTICLE 1 No title ARTICLE 2 No title ARTICLE 3 No title ARTICLE 4 No title ARTICLE 4-A No title ARTICLE 5 No title ARTICLE 6 No title ARTICLE 7 No title ARTICLE 8 Public Work ARTICLE 8-A No title ARTICLE 9 No title ARTICLE 10 No title ARTICLE 11 No title Employers must pay their Employees for hours worked. There are three things that must be true for you to be properly classified as an exempt employee. The bill further specifies that roles physically performed out of state, but that report to a supervisor, office or other worksite in New York are included within this definition. I am exempt- I do not get overtime, and I get paid for 35 hours per week whether I work thru lunch, or stay late, etc. 266B, Some employees are customarily and predominantly work away from the employers premises and not at any fixed location; selling and delivering articles or goods; or. in federal overtime law, such as most white collar jobs, while other exemptions are specific to New York's Employers must get written notice from employees that they have received and understand this notification. This salary is divided by the number of pay periods in the year, as set by your company, to determine the salary for each pay period. Some managers believe that salaried employees don't actually put in a hard day's work. To have this archaic policy is insane and only fosters poor morale, IMHO. WebOn December 21, 2022 Governor Hochul signed into law an amendment to New Yorks state labor law, taking effect on September 17, 2023, which will require private sector Private employers in New York are not required to close on any of the listed holidays. This page is available in other languages. New York also exempts the following employees from its minimum wage and overtime requirements: New York exempts from its overtime requirements all employees subject to exemption under Section 7 of the federal Fair Labor Standards Act. We can issue fines and penalties, as well as investigate complaints regarding Labor Lawviolations. Employers in New York State must provide certain employees with at least 24 consecutive hours of rest in any calendar week. Religious holidays are counted as vacation, and if no vaction left, we get DOCKED. Overtime pay is additional pay granted to employees who have worked over a certain amount of hours in a given timeframe. They receive a guaranteed minimum amount of compensation for any given week that theyve completed work. Information on time allowed for meals, employee coverage, shorter meal periods, and more. Employers who meet certain criteria may apply for permission to pay manual workers less frequently than weekly. Get The 2022 New York Employment Law Handbook (Printable PDF) today! Before the Bush-era amendments, some courts found that forcing exempt employees to account for their time put their exempt status at risk. Division of Labor Standards Because New Yorks minimum wage is higher than the federal minimum wage, employers within the state must pay their employees the One Day Rest in Seven Section 161 of The New York State Labor Law (LS611), Employers with Shorter Meal Period Permits. Most importantly, this means that exempt employees cannot get FLSA overtime hours for any extra hours that they work. 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