Legal Question in Employment Law in New York
Compensatory Time
I am a salaried employee with a private company. Over the last several months, I have covered for another salaried employee and have worked some additional time over my usual 21 hours per week. Since I am salaried, my supervisor obtained permission from executive management to issue me comp time for my overtime. I currently have 43 hours comp time. Executive managment is now threatening to take away all comp time that is not used. I have requested two days off over the last month and my supervisor has denied both stating heavy work load. Can they take away earned comp time? I am trying to use it but they won't let me. Any suggestions?
2 Answers from Attorneys
Re: Compensatory Time
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Re: Compensatory Time
This is a complicated scenario in which one would first need to confirm that your employer has appropriately classified you as EXEMPT. You are not necessarily EXEMPT simply because you are salaried. In fact, many employers purposely mis-classify their employees as EXEMPT to avoid paying overtime wages in accordance with the Fair Labor Standards Act and State Overtime Wage Laws. You may contact my office via email or through our website FLSAattorney.com
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