Rules for OT for salaried employees?

[isis297]

There are not rules about overtime for salaried workers. That's because salaried is not what matters. What matters is exempt or non-exempt. Not all salaried workers are exempt; not all exempt workers are salaried.

If you are salaried exempt, then it doesn't matter if you work 168 hours a week, you are not due a single penny of overtime. That's what being exempt means - you are exempt from overtime.

If you are salaried non-exempt, then you are due overtime if you work over 40 hours in a week, just like any other non-exempt employee. A very few states require overtime after 8 hours in a day, but NY is not one of the few.

Two states, neither of them NY, limit the number of hours a non-exempt employee can work in a week/pay period. A few more require one day off in every seven. NY is one of those states, but only for employees in certain industries. I am not aware of any laws specific to salaried employees limiting the number of hours that can be worked.

You have me curious about there being a law about non-exempt employees having to have a day off. I am an administrative assistant for the general contractors.

 

[cbg]

In NY, the one day of rest in seven law applies only to certain limited industries. It does not apply to general contractors and it does not apply to administrative assistants.

What hours do you generally work?

 

[eerelations]

What hours do you generally work?

I suspect OP is not asking about herself. From post hx I suspect OP is a payroll person. Which is OK. I think OP is asking how to pay this guy who is different from all the other guys in her system. That's just what I think tho.

 

[cbg]

That could be. In which case, she can answer the question for the employees she's asking about. I doubt that they're working 7 days a week but you never know.

 

[isis297]

In NY, the one day of rest in seven law applies only to certain limited industries. It does not apply to general contractors and it does not apply to administrative assistants.

What hours do you generally work?

I'm sorry for the delay getting back to you. Actually, I was asking about me.

I have two special needs children, one of whom is home with me all day so I was very blessed when I found my job as it allows me to work primarily remote and with flexible hours. I still put in 33+ hours a week and because of all the doctors' appointments, I do it over the full seven day span of the week.

Some days I may only put in 3 1/2 hours while other days I might put in 7 1/2. I just wanted to make sure neither my boss nor I could get in trouble for that especially since it is of my own choosing.

Thank you.

 

[cbg]

There is no problem at all with that. Neither you nor your boss would get in trouble if it is of your own choosing, even if the state law applied to you, which it does not.