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Christopher B, Esq.
Christopher B, Esq., Lawyer
Category: Employment Law
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Experience:  associate attorney
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I am in nys...i have one salary manager earning $750

Customer Question

i am in nys...i have one salary manager earning $750 week...another manager earning $550 week..are they exempt from overtime?
Submitted: 4 months ago.
Category: Employment Law
Expert:  Christopher B, Esq. replied 4 months ago.

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

Workers are exempted from overtime pay if they work 80% or more of the time doing administrative, professional, or outside sales duties. NY overtime laws require overtime pay for other employees, including professionals or administrative employees who have other responsibilities for more than 20% of their work hours. So if they only perform administrative duties then they should be exempt, it just depends on their responsibilities. Since one makes less than $675 per week then he would not be exempt. The one that makes more would. See below for the law.

New York exempts bona fide administrative employees from its minimum wage and overtime requirements. NY Labor Law 651(5)(c) To qualify as an administrative employee, an employee must:

  • perform primary duties that include office work or non-manual field work relevant to management policies and general operations;
  • customarily and regularly exercises discretion and independent judgment;
  • regularly and directly assists an employer, or another employee in the position of a bona fide executive or administrative (e.g., administrative assistant); or performs only under general supervision work along specialized or technical lines which require special training, experience or knowledge; and
  • be paid a salary of not less than $675, including board, lodging, other allowances, and facilities.

NY Admin. Rules 142-2.14(4)(ii)

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Expert:  Christopher B, Esq. replied 4 months ago.

Just checking back in, do you have any further questions?

Expert:  Christopher B, Esq. replied 4 months ago.

Just checking back in, do you have any further questions?

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