FAQ: What Are The Overtime Laws For Nassau County Ny?

Is anything over 40 hours considered overtime?

Both the California Labor Law and the Federal Fair Labor Standards Act (FLSA) state that work performed in one workweek in excess of 40 hours is overtime.

What is the law for overtime pay in New York?

The New York Overtime Law requires that all hours over the regular workweek be covered by overtime. While regular, nonexempt employees will be paid overtime in excess of 40 hours per workweek, residential employees receive 1.5 times their regular pay for all hours after 44 in the payroll week.

Is anything over 80 hours overtime?

The practice of paying overtime only after 80 hours in a bi-weekly pay period is illegal since each workweek must stand alone. For non-exempt employees, covered employers must pay the Federal minimum wage and time and one half the regular rate of pay for time worked over 40 hours in a workweek.

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Who is exempt from overtime pay in New York?

Administrative and Executive Exemptions:

Employees who work in: Minimum salary for administrative and executive exemptions ( 12/31 / 18 to 12 /30/2019)
NYC (large employers with at least one employee working in the city and more than 10 across all worksites at any time in the current or previous calendar year) $1,125.00

What is the longest shift you can legally work?

The Fair Labor Standards Act (FLSA) states that any work over 40 hours in a 168 hour period is counted as overtime, since the average American work week is 40 hours – that’s eight hours per day for five days a week.

How do employers avoid paying overtime?

Your duties and salary must both fall under the exempt category in order for your employer to not pay you overtime. Finally, an employer may also try to avoid paying overtime by requiring an employee to be “on call” or to otherwise perform work from home.

How many breaks do you get in a 8 hour shift in NY?

15 minute break for 4-6 consecutive hours or a 30 minute break for more than 6 consecutive hours. If an employee works 8 or more consecutive hours, the employer must provide a 30-minute break and an additional 15 minute break for every additional 4 consecutive hours worked.

How many hours can you work in a day legally in NY?

Work any number of hours in a day: New York employers are not restricted in the number of hours they require employees to work each day. This means that an employer may legally ask an individual to work shifts of 8, 10, 12 or more hours each day.

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How many days in a row can you work in NY State?

In general, an employer in New York may require its white-collar employees to work seven days in a week. By contrast, in some blue-collar industries and occupations in New York State, a worker is entitled to enjoy 24 consecutive hours of rest in each calendar week.

What is the 8 and 80 rule?

The “ 8 and 80 ” exception allows employers to pay one and one-half times the employee’s regular rate for all hours worked in excess of 8 in a workday and 80 in a fourteen-day period.

Is it legal to work 50 hours a week?

Your employer can’t make you work more than 48 hours a week on average. It doesn’t matter what your contract says or if you don’t have a written contract. If you want to work more than 48 hours a week, you can sign an agreement to opt out of the maximum weekly working time limit.

How many hours of overtime is too much?

In California, employees can’t be disciplined or fired for refusing to work more than 72 hours in a week. In Maine, an employer can’t require workers to put in more than 80 hours of overtime in any consecutive 2 week period.

Are 15 minute breaks required by law in New York?

Some states require either meal or rest breaks. New York is one of them: It requires employers to provide a meal break, but does not require rest breaks. Mercantile employees and all other employees covered by New York’s labor laws are entitled to a 30- minute break between 11 a.m. and 2 p.m.

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Can I waive my lunch break in New York?

As discussed above, employees may waive their rights to a meal period under Section 162 only if the requirements of the waiver set forth by New York courts are met.

How many breaks do you get in an 8 hour shift?

Under California law, non-exempt employees are entitled to one unpaid 30-minute meal break, and two paid 10-minute rest breaks, during a typical 8-hour shift. Employees must receive their off-duty meal breaks before the end of the fifth hour of work.

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