Overtime Exemption Qualifications

I recently read about a class action suit in California against Siebel Systems filed by a former Software Engineer:


It seems quite odd to me that California has this qualification, but it got me thinking about the federal laws determining exemption and how many states have similar rules to California's. As I live and work in New York, I'm particularly interested in any New York State qualifications.

Thanks in advance.

1 answer  |  asked Feb 14, 2005 10:09 PM [EST]  |  applies to New York

Answers (1)

David M. Lira
Overtime Regulations in New York

Although New York State has regulations concerning the payment of overtime, in New York State, employees would look primarily to federal law, and, specifically, the Fair Labor Standards Act ("FLSA") to determine eligibility for overtime. FLSA applies in all 50 states.

Generally, under FLSA, employees are entitled to time-and-a-half for hours worked beyond 40 hours in a work week. You loss this right only if you fall into an exemption.

There are a number of exemptions under FLSA covering a wide range of employees, from domestics to certain types of employees working in the computer or information technology area. The three biggest exemptions are for executive, administrative and professional employees. Administrative employees are generally employees who work closely with executive employees, for example, the secretary to a high level executive.

posted by David M. Lira  |  Feb 16, 2005 08:21 AM [EST]

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