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In this regard, this blog is titled “Wage & Hour under New York’s Overtime and Pay Frequency Law” and is Part X of our series, “Key Employment Law Issues for Businesses & Companies in New York.” In Part IX, we hammered on wage and hour law and mentioned that the minimum wage in New York is higher than the wage rate proposed under the federal law since New York State’s minimum wage is $15 per hour. We also added that, however, it is critical for employers to be aware that as codified under N.Y. Lab. Law § 652, wage rises at varying rates for different regions have been stated by the New York State.

To move this discussion forward, we have hammered on “Wage & Hour” and examined what New York’s Overtime and Pay Frequency Law says about this key labor and employment law issue.

Wage & Hour under New York’s Overtime and Pay Frequency Law

On the one hand, as codified under 12 NYCRR 142-2.2, employees in New York must be paid, for hours worked over 40 hours every week, at a rate of time and a half, except in the cases of overtime exemption. Employers must understand that regulations on exempt employees in the state of New York broadly track federal law.

It is also vital to note that as codified under 12 NYCRR 142-2.14, the minimum pay per week is lower under federal law for some exempt classes than it is under New York law.

On the other hand, as codified under N.Y. Lab. Law § 191, unless an employee works under a bona fide professional, administrative, or executive capacity, employees should be paid at least semimonthly. Otherwise, the semimonthly payment requirement does not apply to the employee under this statute.

In Part XI of this series and our blog titled “Terminations under New York State Worker Adjustment and Retraining Notification Act (NY-WARN),” we will shift gears to hammer on what the New York State Worker Adjustment and Retraining Notification Act (NY-WARN) says about “Terminations” and how employers can remain compliant with it.

As usual, stay tuned for more legal guidance, training, and education.

In the interim, if there are any questions or comments, please let us know at the Contact Us page!

Always rising above the bar,

Isaac T.,

Legal Writer, Author & Publisher.