ERs generally must pay EEs 1 ½ times their regular rates of pay for work in excess of 40 hours per week. If an EE is paid at different rates for different hours, the ER must pay overtime at 1.5 times the regular rate, determined by dividing gross earnings by the hours worked. The federal Fair Labor Standards Act (FLSA) exempts some types of EEs from the overtime pay requirement, and New York follows these exemptions. However, workers exempt from the FLSA but Live by New York’s Miscellaneous Wage Order (which covers industries other than hospitality and building services) must be paid overtime, but only at the rate of 1.5 times the state minimum wage, regardless of their regular rate of pay.
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