Hello,

I'm an employee in a high end jewelry gallery in New York. I work 4 days a week, including sundays. I work from 9:30 am to between 7:25 and 8:00 pm.

I have a couple questions.

One, what am I allowed for meal breaks? We are generally not allowed to eat outside of the store. We are told to go get something to eat and eat it in the store, should a customer need our help. Can they do this? Or are we (the 6 salespeople) allowed to take our full break(s) outside of the store, even if there are customers?

Two, is the store required to pay overtime on a salaried employee? I never signed a contract or anything, my pay was agreed upon verbally.

Please help me.

See http://www.labor.state.ny.us/workerprotection/laborstandards/employer/meals.shtm about meal breaks.

I can't tell if you should be paid overtime since I don't know what you do.

If you are "exempt," you get paid a salary and are not eligible for overtime, but there are restrictions on who can be exempt.

If you are salaried, non-exempt, you generally are eligible for overtime, but if you get commissions on top of your salary and the commissions account for at least half your pay, you don't have to be paid overtime.

Your employer does not have to permit you to leave the premises for your breaks.