As of December 31, 2022, The New York Minimum Wage Act (the "Act") requires that all employees working in the state receive at least $14.20 an hour or $15.00 an hour if they are in New York City, Long Island and Westchester. Under the Act, the minimum wage across New York state will increase every year until it reaches $15.00 an hour. The minimum wage increase has affected overtime rates, depending on unique provisions based on where a business operates and how many people it employs.
New York State calculates overtime using the time-and-a-half system. Unless otherwise exempt, employees receive an overtime rate of one-and-a-half times their regular rate of pay for all hours worked in excess of a 40-hour workweek. Further, some jobs are exempt from the federal Fair Labor Standards Act (FLSA) overtime requirements but are still entitled to an overtime rate of one-and-a-half times the state minimum wage under New York State Labor Law. By way of example, based on a $15.00 pay floor, time-and-a-half sets hourly overtime at $22.50.
The FLSA defines a 40-hour workweek as any seven consecutive workdays. The FLSA does not require overtime pay for working on weekends, holidays or regular days of rest, unless overtime is worked on those days.
New York Labor Law also requires certain employers to give their staff at least 24 hours of consecutive rest in any calendar week. Under Section 161 of the New York State Labor Law, employers who operate a...
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