New York residents may be aware of the Fair Labor Standards Act of 1938. It outlines wage and hour laws that ensure workers get paid a minimum wage and that employers observe overtime regulations. However, timekeeping software may make it easier for employers to change or modify employee timesheets without workers knowing that changes have been made. Regulations related to how employers record a worker's hours have not been updated since 1987.
Most full-time New York workers need to take a lunch break at some point in their day. Lunch breaks typically last between 30 minutes and an hour, and they are different from the shorter rest breaks that may be offered throughout the day. While short breaks are always paid for, lunch breaks may not be compensable.
On May 18, 2016, the U.S. Department of Labor the final rule updating regulations that govern the payment of overtime wages under the Fair Labor Standards Act. The new rule, which goes into effect on December 1, 2016, significantly raises the amount of minimum salary that employees must be paid to qualify for the Executive, Administrative and Professional exemptions from overtime pay. As a result, the number of employees eligible for overtime pay will increase significantly. According to a press release issued by the White House, it expects the change to extend overtime protection to 4.2 million Americans who are not currently eligible for overtime wages under federal law. Many salaried employees may find that they will be entitled to overtime pay when the new rule goes into effect. Employers may have to adjust salaries or work schedules.