Legal Question in Employment Law in New York

I'm a minority female who is a salaried employee for a big company. My workload is so heavy that I am unable to take an hour lunch or any sort of break during the workday, while my other colleagues can. I seem to be the only one who is there for more than 8 hours every day. I cannot remember ever leaving on time. Too many times I leave the office between 9pm - 11:30pm, which then takes me 2 hours to get home because the trains don't run very often that late at night. My company doesn't offer me a car service, compensation or comp time. After 8 years of this, I am tired. Do I have any legal rights?


Asked on 6/30/13, 9:22 pm

2 Answers from Attorneys

Leon Greenberg Leon Greenberg Professional Corporation

I cannot address any discrmination issue, only the "proper compensation for work performed" issue.

You say you are "salaried" meaning the employer does not pay you overtime & it sounds like you are working many hours over 40 per week. But just because you get a salary does not mean the employer can avoid paying you overtime. What is the nature of your job? Many salaried workers are entitled to overtime. Feel free to visit my website overtimelaw.com for information on this issue and send me an email if you wish.

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Answered on 7/01/13, 10:59 am
Locksley Wade Law Office of Locksley O. Wade

The first step in addressing your potential claim is to do the simple thing: stop working late and go to lunch and then go home like everyone in your department. If your employer complains, let them know that you are willing work the extra hours for proper overtime compensation. The flip side to all of this in looking from the employers perspective, you may be performing below standards if it is taking you more than 8 hours in a day to do your assigned task. if your assigned task are more than your fellow employees it may be your problem for not complaining in 8 years. Finally, just because you are the only person of color in your department it does not mean that you have an unlawful discrimination lawsuit. You need more for a claim of racial discrimination in employment than just an observation of being out numbered.

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Answered on 7/02/13, 9:37 am


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