Salaried employees are those who get paid the same amount every week no matter how many hours they work. For this reason, many salaried employees may be unsure whether they are entitled to overtime in New York and New Jersey. Fortunately, multiple laws entitle salaried employees to overtime pay.
If your employer has failed to pay you overtime wages and refuses to compensate you for your hard-earned work, consult your New York unpaid wage lawyer with The Samuel Law Firm to learn more about the right to pursue an employment law complaint against them. Here is more about whether salaried employees get overtime in NY & NJ and how you can protect your rights.
Understanding Overtime Laws for Salaried Employees
It may surprise you to learn that salaried employees in both New York and New Jersey may be entitled to overtime pay. In fact, according to the federal Fair Labor Standards Act (FLSA), employers are required to pay non-exempt employees overtime if they work more than 40 hours each week. Overtime pay is established at a rate of 1 1/2 times the employee’s standard rate of pay.
Understanding wage and hour claims is critical to avoid being taken advantage of by profit-driven employers. Employers who fail to comply with federal overtime laws can face liability when an employment law violation complaint is brought against them, resulting in significant fines and other sanctions by investigating government agencies.
Exempt vs. Non-Exempt Employees
Not all salaried employees are entitled to overtime wages. Some employees are exempt while non-exempt employees are entitled to overtime wages. Anyone who could be considered an administrative or executive professional on salary may be exempt from overtime pay.
Employees who are exempt from overtime pay will not receive overtime pay if they work more than 40 hours every week. Non-exempt employees may still be entitled to overtime pay if they are on salary and work more than 40 hours a week.
When Are Salaried Employees Eligible for Overtime?
There is a minimum salary threshold for employees in both NJ and NY. In New Jersey, the minimum salary threshold for exempt employees is $43,888 as of July 1, 2024, and will increase to $58,656 on January 1, 2025. In New York, the minimum salary threshold for exempt
employees is $1124.20 per week across the state, and $1200 per week in New York City, Westchester, Suffolk, and Nassau counties as of July 1, 2024.
How to Calculate Overtime for Salaried Employees
Overtime laws can vary on a state-by-state basis. One of the key differences in overtime pay laws in New York and New Jersey is the way the regular rate is calculated. In New Jersey, the standard rate is calculated by dividing the worker’s salary by the intended coverage hours. Alternatively, New York State requires regular rates to be calculated by dividing the employee’s total compensation by the number of hours they worked.
To calculate overtime for salaried employees, you must first determine their regular hourly rate. Then, you must divide that weekly rate by 40 hours. We would then take that answer and divide that rate by 1.5 to find your overtime rate. We will then multiply your overtime rate by the total number of hours worked over 40 hours per work week. Here’s an example:
● An employee on salary earns $2,000 per week and works 50 hours every week.
● Their hourly rate would be calculated by dividing $2,000 by 40 hours to get $50 per hour.
● To determine their overtime rate, we would take $50 per hour and multiply it by 1.5 to get $75 per hour.
● Their overtime Pay would then be 10 hours times $75 per hour to get $750 in overtime pay.
How to Report Wage Violations if Denied Overtime
If you believe your employer is violating overtime wage laws, you may be able to take action by reporting them. There are several ways you can go about doing this depending on where you work. To report wage violations in New York:
Send a completed labor standards farm workers complaint form to:
Division of Labor Standards
Harriman State Office Campus
Building 12, Room 266B
Albany, NY 12226
Alternatively, you can call and report your complaint to the Wage and Hour Division Helpline at 1-866-487-9243.
To report wage violations in New Jersey:
Send a completed MW-31A form to
The Division of Wage and Hour Compliance
PO Box 389
Trenton, NJ 08625
Trust in a Leading Employment Law Attorney in NY & NJ for Help Today
If you are a salaried employee, understanding your wage rights is crucial. There are many situations in which salaried employees are entitled to overtime wages. Do not let your employer take advantage of you. You have the right to fair compensation for the time you put in.
If you suspect your employer is violating New York or New Jersey overtime wage laws, do not hesitate to contact a top-rated employment law attorney from The Samuel Law Firm. Discuss your potential options for legal recourse further when you fill out our quick contact form or call our office to schedule a confidential and 100% free consultation.
