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Jul18

Minimum Hours to Pay in NYS

In NYS, what is the minimum number of hours that an employer must pay for a meeting that brings employees in during their time/day off?

There is no law in NYS that requires employers to pay employees for a minimum number of hours in a workday.

Employers in NY are subject to the federal Fair Labor Standards Act (FLSA) which establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments. Any company/organization with annual dollar volume of sales or receipts of $500,000 or more is considered a covered enterprise under the FLSA.

Under the FLSA, employees are either non-exempt or exempt. Non-exempt employees must be paid for all hours worked and are subject to overtime and minimum wage requirements prescribed by the FLSA. Conversely, exempt employees receive a fixed predetermined salary and are excluded from overtime pay provisions.

Non-exempt employees must be paid for each and every hour worked, including mandated meetings. However, such employees need not be paid for time not actually worked. So, a non-exempt employee who is required to attend a meeting on their day off must only be paid for the time spent in the meeting, no more, no less.

Exempt employees, on the other hand, receive a fixed predetermined salary for a workweek during which any work is performed. Exempt employees’ salaries don’t fluctuate based on the quality or quantity of work performed. Thus, an exempt employee who is required to attend a meeting on their day off is not entitled to additional compensation.

This entry was posted on Saturday, July 18th, 2015 at 7:49 pm and is filed under
Compensation.
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