Legal Question in Business Law in New York

Compensation Pay

I am currently a salary employee, and under the agreement of my offer letter for the position, I am supposed to work at least 48 hours a week. However for the past 3 months I have been given work that puts me over 65 hours a week. I do not get paid overtime or compensated for these hours by any means. I am expected to work them, becuase that is the work I was given. Is there any legal recourse I can take to receive any compensation for these hours worked?


Asked on 3/03/05, 9:32 pm

1 Answer from Attorneys
William Frenkel Frenkel Sukhman LLP

Re: Compensation Pay

Depending on your position (managerial, supervisory, professional or outside sales or not) you may or may not qualify for overtime pay under NY and federal employment laws. If your job description leads to the conclusion that your job is exempt for the purposes of FLSA, you have no protection as far as minimum wage, overtime pay or any other statutory employment guarantees are concerned and would have to look solely to your job offer letter, employee handbook/HR manual/employment policies of your employer and, possibly, any agreement you might have had with the employer regarding this issue. Let me know if you want me to review your situation to determine if you have a basis for any statutory or contractual relief.

This reply is in the nature of general information, is not legal advice and should not be relied on as such.

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Answered on 3/03/05, 9:55 pm


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