Legal Question in Employment Law in New York

Overtime Pay & Pay Decrease

Is a company allowed to decrease pay after working for 25 years? Are they allowed to pay ''straight-time'' as opposed to ''overtime'' after working 40 hours/week?


Asked on 4/05/06, 9:42 am

1 Answer from Attorneys

Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Overtime Pay & Pay Decrease

It depends upon your position and job. If you are not "exempt" (essentially meaning a manager)

and receive a salary of approximately 450 a week,

or fall into a category of "blue collar" work,

generally after 40 hours a week you are entitled to time and one half your hourly wage, unless you have contracted to accept a higher salary to work longer hours.

The pay decrease question is too broad; yes a company can decrease pay, unless there is a reason that it is inappropriate, such as age discrimination.

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Answered on 4/05/06, 10:23 am


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