The overtime requirement is based on hours worked in a given payroll week. In other words, you must work at least 40 hours in a given workweek to receive overtime under NY, NJ & and federal law. This means that you are not entitled to overtime (be it time and one-half, double-time, or any amount higher than the agreed rate) simply because you worked more than eight hours per day or you worked on a Saturday or Sunday.
Some workers are exempt from the Fair Labor Standards Act ("FLSA"), and thus, are not entitled to overtime pay. These workers include, but are not limited to: Independent contractors; Executive, administrative, and professional employees who are paid a salary and have certain job duties; Volunteers; Outside salespeople; and certain computer specialists (such as systems analysts, programmers, and software engineers) who earn at least $27.63 per hour.