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