Salary paid

[SupaTA81]

I work for a traveling carnival and am paid salary and am wondering if even though I'm paid salary ammre the required by law to pay overtime

 

[Just Blue]

I work for a traveling carnival and am paid salary and am wondering if even though I'm paid salary ammre the required by law to pay overtime

What state?

 

[SupaTA81]

In new york

 

[cbg]

We don't know. You haven't told us anything at all about what you do for the traveling carnival and that is what determines if you are due overtime or not.

 

[SupaTA81]

We don't know. You haven't told us anything at all about what you do for the traveling carnival and that is what determines if you are due overtime or not.

Iam a ticket seller an my boyfriend is a ride operator we work anywhere from a 7 hr day to a 12 to 13 hr day on days that it's the last day of the fair we work from 11 am till 5 6 am the next day with no sleep

 

[cbg]

Is this a seasonal job? Does the carnival travel year round or only part of the year? If only part, which part?

Yes, these things matter to the answer to the question.

 

[SupaTA81]

Seasonal an part of the year from about March April to October November

 

[PayrollHRGuy]

March to November, March to October, April to October or April to November is going to matter. We need to know if it operates more than 7 months a year.

There is another test for the exemption but let's get past this one first.

 

[SupaTA81]

March to November, March to October, April to October or April to November is going to matter. We need to know if it operates more than 7 months a year.

There is another test for the exemption but let's get past this one first.

March to october

 

[PayrollHRGuy]

Looking at New York law I can't find an exemption for carnival or similar workers even though the Federal exemption would be effective.

 

[SupaTA81]

Looking at New York law I can't find an exemption for carnival or similar workers even though the Federal exemption would be effective.

So what does this mean they don't have to pay overtime?

 

[PayrollHRGuy]

No I think they do under New York state law.

If you want to follow up with the NY DOL here is a contact link. https://www.labor.ny.gov/workerprotection/laborstandards/workprot/lsdists.shtm

 

[SupaTA81]

No I think they do under New York state law.

If you want to follow up with the NY DOL here is a contact link. https://www.labor.ny.gov/workerprotection/laborstandards/workprot/lsdists.shtm

OK thank you

 

[HRZ]

I'm with PayrollHRGuy ....NY has its own tougher work rules ...and unless there's an applicable NY exception for carnival or entertainment workers...then OT likely begins at 40 hrs per week and is probably $ 15.60 hr ...but may vary depending on where in NY one is.

 

[SupaTA81]

I'm with PayrollHRGuy ....NY has its own tougher work rules ...and unless there's an applicable NY exception for carnival or entertainment workers...then OT likely begins at 40 hrs per week and is probably $ 15.60 hr ...but may vary depending on where in NY one is.

Through my own research I'm figuring this all out as well as the info payrollhrguy has said it was just cono using cause I'm on salary