Hi,
I am considered a "freelance" employee by my large corporation in NY, as I work project-to-project. However, I recieve a W-2 form, so my tax accountant told me that I am not considered "freelance" in the goverment's eyes.

On my timesheet I am paid a daily rate, but on my paystub it says "Schedule Hours: 35".

I never work just 35 hours. I often work 50+ hours a week, and this overtime is required. However, I do not recieve overtime pay.

Does anyone know if I should recieve overtime pay?

THANKS

We would need a lot more information in order to determine whether you are owed overtime or not. Persons who are non-exempt are eligible for overtime, with a few exceptions. You can read about exemption at: http://www.dol.gov/elaws/esa/flsa/screen75.asp

Hi,

Thanks for your reply.
What other information do you need to determine if I am exempt or not?

I am a freelance TV producer for a major cable network, and I am not paid a salary.

thanks

Based on your job title (which isn't nearly enough to give a definitive answer), I would say that you are an exempt employee. The reason is that other positions such as Editor and Reporter are exempt. You are considered as a professional employee, able to make decisions calling upon your training/education in the field.

Hi,
Thanks again for you responses.

One more factor is the fact that my paystub says "35 hours," but when editing I am required to work from 10AM-8PM at least (equalling at least 50 hour work weeks). I am required to work this time because my supervisers have booked the edit rooms from 10AM-8PM, and the cost for the edit rooms is high, so my supervisers require that I work this full time. Does this make a difference?

THANKS!!

No, it doesn't make a difference as an exempt employee can be required to work as many hours as the employer feels necessary in order to perform the job.