Legal Question in Employment Law in New York

My supervisor is requiring 58 hours as a standard work week. I am an exempt employee who does not manage others. He put 48 hours as standard in writing last week even though the company handbook states that 40 hours is the typical work week.

Can he do this? Should I file a complaint with my HR department or go to the Department of Labor? Or, do I just have to lump it as the new normal and look for a new job?

Asked on 11/17/12, 10:40 am

1 Answer from Attorneys

Jason Stern Law Offices of Jason Stern

Overtime compensation is directly related to your specific job and the specific duties of that job. If you are in a non-exempt job, you are entitled to overtime pay at 1.5x your normal rate of pay for each hour over 40 per week. Failure to pay OT can result in the employer being held responsible for double damages (3x hourly rate of pay) plus attorney fees.

The Fair Labor Standards Act (FLSA) governs overtime pay regulations. I can provide you with a free telephone consultation. My website is

I can be reached at 212-Nine Two Zero-6950.

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Answered on 11/17/12, 10:51 am

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