<img height="1" width="1" style="display:none" src="https://www.facebook.com/tr?id=690758617926394&amp;ev=PageView&amp;noscript=1">
The Complete Payroll Blog

Ask CPP: What are the rules for employees working overtime?

Posted by admin | Jan 23, 2015 4:00:35 AM

Overtime rulesWhether you expect your employees to work overtime or it's something that occurs occasionally, it's important for you to remember the rules for overtime. Who gets it, and how much do they get? Who is not entitled to overtime? For the answers to these questions, read on:

In New York State, the overtime pay requirement is based on hours worked in a given payroll week. You're not required to pay overtime just because someone works more than an 8-hour day or on a Saturday or Sunday if the overtime hours do not put the employee past his or her agreed-on number of hours a week.

Covered employees should receive one and one-half times their regular hourly rate of pay. For non-residential employees, that applies to all time spent working past 40 hours in a payroll week. For residential, or live-in workers, that applies to all time spent working past 44 hours in a payroll week

Some employees are not covered, however. Under federal law, you are not required to pay certain types of employees one and one-half times their regular rate of pay. These employees work in what are called "exempt" positions. However, employers should always be sure to know the exact terms and conditions of an exemption in light of the employee's actual duties—don't assume an exemption might apply to the employee.

The following positions are commonly exempt, but this list is not all-inclusive:

  • Commissioned sales employees of retail or service establishments, if more than half of the employee's earnings come from commissions and the employee averages at least one and one-half times the minimum wage for each hour worked.
  • Computer professionals: Certain computer professionals paid at least $27.63 per hour are exempt from overtime provisions.
  • Drivers, driver's helpers, loaders and mechanics are exempt from overtime pay provisions if they work for a motor carrier and their duties affect the safety of operation of the vehicles in transportation of passengers or property.
  • Farmworkers employed on small farms are exempt.
  • Salesmen, partsmen and mechanics employed by automobile dealerships.
  • Executive, administrative, professional and outside sales employees, as defined by the Department of Labor, who are paid on a salary basis.

If you would like further information about the application of these exemptions, contact your local Wage and Hour District Office. To find out more about how our payroll and benefits services can save you time and money, contact Complete Payroll Processing.  And for more information about new overtime rules and regulations, visit our blog.

Written by admin

Are you using our free resources?

We're constantly publishing free tools to help with payroll, HR and other administrative objectives.

New call-to-action
New Call-to-action

Subscribe to instant blog email notifications

Recent Posts

General Disclaimer

The materials and information available at this website and included in this blog are for informational purposes only, are not intended for the purpose of providing legal advice, and may not be relied upon as legal advice.  The employees of Complete Payroll are not licensed attorneys. This information and all of the information contained on this website are provided pursuant to and in compliance with federal and state statutes. It does not encompass other regulations that may exist, including, but not limited to, local ordinances. Complete Payroll makes no representations as to the accuracy, completeness, currentness, suitability, or validity of the information on this website and does not adopt any information contained on this website as its own. All information is provided on an as-is basis.  Please consult an attorney to obtain advice with respect to any particular question or issue.