I work for a small company (35 employees) in NY. I have been with the company for 6 years. Originally I was an hourly employee (receptionist), however they NEVER paid me for overtime. After a couple of months I was promoted to Purchasing Agent and they switched me to salary. From then our hours for the front office (exempt)employees were considered "flex time" if you worked over 40 hours that time accrued was considered comp time that you were able to use if you were short on time. Also you could work early and leave early or work late and stay late. You could work through lunch to "make up" time and this flexibilty we have had for the duration of my employment (6 years). Now that I am pregnant and have to leave on occasion for doctor's appointments, I can either "make up" the time or have the time deducted from my paycheck. The company has changed me from salary to hourly inorder to do this in payroll. However, not only are they deducting me for my office visits but they are also deducting me for 45 minute and 1 hour lunches THAT I DO NOT TAKE! For years I have been working through lunch. Our Treasurer says she has to automatically take this time out, however she and many other managers/employees in the front office only work 7-8 hours a day and she does not "automatically deduct them for their lunch time, she use to say that they "work through their lunch". They work less than 8 hours yet they get paid for 40 (being salaried) They work 830-430 mon-thurs but they do not deduct time for their lunches. On fridays they only work 830-330. How can they deduct lunch time that I do not take and yet no one else is deducted? We have never had a company handbook to specify these policies and the HR person is oblivious (she's the owner's daugher). We don't have any written policey on maternity leave either. How can I find out what I am entitled to as far as disibility goes for the state of NY. There's no one here I can ask, and I feel I am being mistreated with my hours. I worked 39.54 hours last week yet I was only paid for 38, our Treasurer says she's deducting lunch time. Who can I turn to if no one in the company can help (not even the president can- he's too busy golfing).

It appears to me there may be multiple legal violations taking place: wage and hour for sure and quite possibly the federal Pregnancy Disability Act. I suggest you start by calling your State's department of labor and possibly the federal EEOC after that. (If your State has it's own law that bars discrimination on the basis of pregnancy - and they probably do - then you can lodge that complaint with the State along with the wage and hour violations and need not contact the EEOC.)

Sorry - I can't help you with filing a disabilty claim with the State. Presumably the DOL can direct you on that too.