Legal Question in Business Law in New York

salary wages

I work for an independent business owner. Recently, I received a promotion to work for salary. At $500 a week gross, for 50 hours worth of work. I was under the assumption that no matter what I worked, I would get the net of that every week. I have worked over that a few times, and gotten no more. However, when I worked under a few times, the pay was adjusted to what I actually worked. Is this fair? I never signed a contract with the owner, and when we met and discussed this, I was asked if I understood what salary meant. I hope I was right in thinking what he is doing is wrong. Also, I was docked pay last week even though I was working, but because it was prior to the actual start of the shift, I was docked. If I was to quit, would I be able to receive unemployment? Thank You


Asked on 7/03/07, 11:32 am

1 Answer from Attorneys

Johm Smith tom's

Re: salary wages

I don't think he is correct in not paying you for work done outside of the hours he has specified and then also not paying you overtime. He can't treat you like salary and then like hourly at his whim. I don't do employment law, but I can tell you that you would be safer in another position with a contract or at least written policies. Make sure someone is properly paying taxes on your salary. In your shoes, I'd consult an employment attorney.

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Answered on 7/03/07, 12:06 pm


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