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Question When must overtime rates be paid to employees? What are overtime rates?

Answer Title 12 of the New York Code, Rules and Regulations, Section 142-2.2, provides that an employer shall pay an employee for overtime at the rate of one and a half times the employee's regular rate in the manner and methods provided in, and subject to, the exceptions of Sections 7 and 13 of 29 USC 201 et. Seq., the Fair Labor Standards Act of 1938. In addition, 'an employer shall pay employees subject to the exemptions of Section 13 of the Fair Labor Standards Act. ... overtime at a wage rate of one and a half times the basic minimum hourly rate.' For nonresidential employees, the overtime rate applies to working time over 40 hours in each workweek. For residential employees, the overtime rate applies to working time over 44 hours in each workweek. On Public Work projects, a worker must be paid overtime at one and one-half time the prevailing rate of wage for all work in excess of 8 hours in one day or 5 days in one week. In addition, the Prevailing Wage Schedule may contain more stringent requirements that reflect the collective bargaining agreement in the locality for a given type of work.

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