Legal Advice Regarding Minimum Wage and Overtime Pay Laws in New York
As a lawyer, I can provide the following legal advice regarding minimum wage and overtime pay laws in New York:
The New York State Minimum Wage Act sets the minimum wage rate for most employees in the state. As of December 31, 2020, the minimum wage rate is $12.50 per hour for employees working in New York City with more than ten employees, $11.80 per hour for employees working in New York City with ten or fewer employees, and $11.10 per hour for employees working in the rest of the state.
Additionally, New York State law requires employers to pay overtime compensation to non-exempt employees who work more than forty hours per week. Under the New York State Labor Law and applicable regulations, overtime pay is calculated at one and one-half times the employee’s regular rate of pay for all hours worked in excess of forty in a workweek.
It is important to note that there may be exceptions and limitations to these laws, such as certain exemptions for specific employees or industries. For example, certain white-collar employees who meet specific job duties and salary requirements may be exempt from overtime pay requirements. It is advisable to consult with a licensed attorney or the New York State Department of Labor for further information and guidance.
If an employee believes that their employer has violated minimum wage or overtime pay laws, they may file a complaint with the New York State Department of Labor or bring a lawsuit against their employer. It may be advisable to consult with a licensed attorney prior to taking any legal action.
In conclusion, New York State laws require most employers to pay their employees a minimum wage rate and provide overtime compensation for non-exempt employees who work more than forty hours per week. It is important to be aware of any exceptions or limitations to these laws and to seek legal guidance if necessary.
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