Just a simple question. There have been a few times where someone I know has worked over 40 hours and did not receive overtime pay. Is this practice legal in NYC? Thanks.
key is not salary vs hourly but "exempt" vs "non-exempt"
if nonexempt, then 1.5 per hour OT is to be paid on your average hourly rate
Look at the US Wages and Hours website and NY State Dept of Labor website and one in NYC as well.
The Federal website likely will have the most info Good luck
PS You might well be entitled to OT pay.
Your question is not so simple. Typically the answer depends on the salaried employees duties. You or they should contact an employment lawyer asap.
In general, if a salaried employee is not docked for leaving work early, then they are not entitled for premium pay when they stay late. But there are exceptions.
Attached is a link that addresses that very question. Hope it is helpful! :-)
This is not legal advice. Consult with a lawyer about your particular situation.
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