New York Employee Time Report (Nonexempt)
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How to fill out Employee Time Report (Nonexempt)?
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FAQ
An exempt employee is not entitled overtime pay by the Fair Labor Standards Act (FLSA). These salaried employees receive the same amount of pay per pay period, even if they put in overtime hours. A nonexempt employee is eligible to be paid overtime for work in excess of 40 hours per week, per federal guidelines.
FeffThe Fair Labor Standards Act (FLSA), governs the process that Compensation Analysts use to determine whether a position is either eligible for over-time pay for hours worked in excess of 40 per week (non-exempt) or is paid a flat sum for hours worked, even if they exceed 40 hours within a workweek (exempt).
New York generally follows federal rules for the salary-basis test. To qualify for the state and federal exemption, an employee must receive their full salary for any week in which they perform any work. Salary reductions are not permitted due to variations in the quality or quantity of the employee's work.
The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments.
For all New York employees other than those in the hospitality industry, if the employee reports to work and is sent home, the employee is entitled to at least four hours of pay, or the number of hours in the regularly scheduled shift, whichever is less, at the basic minimum hourly wage.
Employees who are paid less than $23,600 per year ($455 per week) are nonexempt. (Employees who earn more than $100,000 per year are almost certainly exempt.)
If you work a regular, 40-hour work week without an employment contract, you are probably non-exempt. No matter what your job title is, if you earn less than $913/week (gross), you are non-exempt. If you are not an executive, or an administrative or professional employee, you are probably non-exempt.
Nonexempt: An individual who is not exempt from the overtime provisions of the FLSA and is therefore entitled to overtime pay for all hours worked beyond 40 in a workweek (as well as any state overtime provisions). Nonexempt employees may be paid on a salary, hourly or other basis.
A. Yes, you are entitled to one hour of reporting time pay. Under the law, if an employee is required to report to work a second time in any one workday and is furnished less than two hours of work on the second reporting, he or she must be paid for two hours at his or her regular rate of pay.
New York has enacted laws governing wages and hours, the focus of the federal law. There is a discussion of the state law in these areas. Because the federal FLSA applies to virtually all enterprises involved in interstate activities, most New York employers are covered by both state and federal law.
