Employment In New York: Exempt Vs. Non-Exempt

The past week has been incredibly long. You deserve a break after five exhausting days of twelve hours of work.

Additionally, you are prepared for that overtime pay. When payday finally arrives, you discover that you were compensated for your overtime hours at your standard rate.

You inquire with your employer since you believe there must be a mistake. If your employer informs you that there was no error and that you received regular pay because you are not entitled to overtime pay, this may raise more issues than it answers.

You can question whether your boss is accurate. Can this be done? Is it lawful?

It is accurate to say that some workers are exempt from an employer’s requirement to pay overtime. It is necessary to evaluate the specifics of your employment situation to determine whether you are exempt.

However, companies occasionally will misclassify workers to game the system, even if some employees are exempt from certain wage and hour requirements. And sometimes, they commit innocent errors.

As a brief guide, it will explain some of the fundamentals of these exemptions. However, it should not be used in place of professional legal advice from a New York employment lawyer.

In New York, what Exactly Is an Exempt Employee?

Minimum wage and overtime laws are not applicable to some workers under the Fair Labor Standards Act (FLSA).

Even if there are many similarities, New York has its own rules regulating minimum wage and overtime. The FLSA has a lot of exemptions, but we will concentrate on a few of the most prevalent ones.


The people in charge of running an organization are its executives, and executives are high-level decision-makers, not just managers.

  • You would need to meet the following criteria to be eligible for executive employment:
  • You are in charge of running the company or a certain segment of it;
  • You’re responsible for managing and supervising at least two additional full-time workers.
  • You receive a salary rather than hourly pay; and
  • You are in charge of hiring and terminating personnel.

What’s Important

You might be eligible for minimum wage and overtime pay under the FLSA and New York statutes.

An employer may be depriving a non-exempt worker in New York of their entitlement to just compensation when they mistakenly classify them as exempt. Thousands of dollars in missed wages due to misclassification could be your responsibility.

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