New York | Employment Law
Legal Question
Am I due back pay?
When I began working for my current employer I was a cook(not able to hire or fire other employees etc.) and clocked in on the first day. The employer told me not to clock in and gave me a salary for 50 hours worked each week. I worked 70-90 hours for many weeks.The employer never payed overtime. I was promoted to Chef and given a raise. The employer told me that I am exempt from overtime because I am able to hire and fire employees and I am the manager of my department. That said here are the questions: 1)Am I exempt or non-exempt from overtime? I have kept a record of all my hours worked and I know for a fact that my employer has not. I currnetly work 70-90 hours per week. I also perform the duties for which I am in management over for well over 90% of the time. And I still document my hours. 2)Do my ''written down hours'' count as proof of hours worked? 3)Is there a time limit on how long I have to respond to this matter?
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