NY Manager overtime
Store managers, chain restaurant managers, and similar positions working in New York state may be entitled to overtime pay, even if they are paid a salary. If you are interested in finding out if you have a claim for unpaid overtime wages under New York State law, please fill out the short survey below and we will be in touch with you. Your survey responses are confidential.
Section § 142-2.2, Overtime Rates, of the New York Department of Labor Minimum Wage Order for Miscellaneous Industries and Occupations:
“An employer shall pay an employee for overtime at a wage rate of one and one-half times the employee’s regular rate in the manner and methods provided in and subject to the exemptions of sections 7 and 13 of 29 USC 201 et seq., the Fair Labor Standards Act of 1938, as amended, provided, however, that the exemptions set forth in section 13(a)(2) and (4) shall not apply. In addition, an employer shall pay employees subject to the exemptions of section 13 of the Fair Labor Standards Act, as amended, except employees subject to section 13(a)(2) and (4) of such act, overtime at a wage rate of one and one-half times the basic minimum hourly rate. [ ]”
Thus, if you are exempt from the overtime pay provisions under Federal law, then you may still be entitled to additional overtime wages under New York state law.
If you work in this industry and would like to speak with us about whether you were paid all wages you were owed, please send us the information needed by filling out the Industry Inquiry form.