PDA

View Full Version : Overtime for hourly attorney in NY?


greg123
05-18-2005, 10:33 AM
I'll be entering into an hourly arrangement with a staffing company (the employer) where they will employ me and staff me as an attorney at an hourly rate (probably between $60 to $85 an hour) to their clients. The agreement will not guarantee any minimum weekly wage, will provide no benefits, and will clearly state I am an at-will employee subject to termination at any time, but will also state that I need to be available to work for at least a three month period.

Although I'm a "professional", might I still be entitled to overtime at 1.5x given the facts (particularly that I have no minimum weekly wage)?

LConnell
05-18-2005, 11:15 AM
Yes, I believe that you would be because your pay is subject to the number of hours you work. That fact makes you a non-exempt employee.

greg123
05-18-2005, 11:28 AM
Yes, I believe that you would be because your pay is subject to the number of hours you work. That fact makes you a non-exempt employee.

Thanks. When does a week start and end for the overtime calculation (i.e., is it Monday through Sunday, or a different seven day period)?

LConnell
05-18-2005, 02:24 PM
The workweek is set by your employer. The only restriction that an employer is not permitted to change the workweek so as to circumvent overtime. For example, when a workweek is changed, the employer must calculate overtime using both the former and the new workweek as its basis. The employee must receive the greater of the two calculations.

Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements