Is Flat Day Rate Pay Legal Under New York Labor Law and the FLSA? Your Complete Guide to Overtime Rights

Introduction Many workers in New York are paid using a flat day rate rather than an hourly wage. This pay structure is common in industries where employees work long shifts, travel between job sites, or perform project-based work. While receiving a fixed amount for each day worked may seem simple, it often creates confusion when it comes to overtime pay. Some employers tell workers that because they are paid a day rate, they are not entitled to overtime. Others claim that overtime is already included in the daily rate. Unfortunately, these statements are not always true. Under both federal and...