Can my employer force me to work overtime in NY?
The most common questions are whether your employer can mandate overtime work and if they can fire you if you refuse to perform this overtime work. The short answers are that yes, they legally can require you to work overtime, and yes, they can also legally fire you if you refuse to do that work.
Can you refuse to do overtime?
If your contract says you have compulsory overtime but it’s ‘non-guaranteed’, your employer doesn’t have to offer overtime. But if they do, you must accept and work it. Your employer could take disciplinary action or dismiss you if you don’t do the overtime you’ve agreed to.
Can employer force employee to work overtime?
“Yes,” your employer can require you to work overtime and can fire you if you refuse, according to the Fair Labor Standards Act or FLSA (29 U.S.C. § 201 and following), the federal overtime law. The FLSA sets no limits on how many hours a day or week your employer can require you to work.
What are the overtime rules in New York?
Overtime pay, also called “time and a half pay”, is one and a half times an employee’s normal hourly wage. Therefore, New York’s overtime minimum wage is $19.80 per hour, one and a half times the regular New York minimum wage of $13.20 per hour.
Can you be forced to work unpaid overtime?
Employees can be required to work overtime, whether paid or unpaid, only if this is provided for in their contract of employment.
Who is exempt from overtime in NY?
Under the FLSA, workers must earn at least $684 per week to qualify for the white-collar exemption. This amount was increased in 2020 from $455. In addition, New York has its own salary basis test for administrative and executive employees. Employees in New York City must earn $1,125 weekly to be overtime-exempt.
What are the overtime laws in NY?
Minimum Wage. New York State’s minimum wage varies depending on the size of the employer and location where the employees are employed to work.
What are the rules for overtime in NY?
You regularly receive tips as part of your job;
Who is exempt from overtime in New York?
New York exempts farm workers, babysitters, salespeople, taxi drivers, camp counselors, and college students from overtime law. Special overtime pay rules apply for domestic workers, non-profit employees, restaurant and hotel employees, and workers in the building services industry. Additional New York labor law requires all employers to provide new employees with written notice of their regular and overtime hourly pay rates at the time of hiring.
What are the laws on mandatory overtime?
Employers have the option of posting available shifts for overtime hours needed and soliciting for volunteers before mandating overtime.