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Big changes New York

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  • Big changes New York

    I work for a financial printing co. in NYC. I started as a temp working from 4-12am with a night time differential. I was promoted to a C/S rep. and became salaried employee. At that time we were being credited for overtime which could be used to take time off. An employee left and the company didn't want to pay out the comp time. I believe there was a lawsuit and everyone in the company had their comp time fully paid out. I was then switched back to hourly wages, but no differential. When I was hired, I was told that overtime is required. The thing is that we have a list, in which we select which day we're available to work on the weekends. I always felt that the list makes me responsible for that day, which in turn makes me feel like it's mandatory. I would rather be asked if I'm avialible, then have to worry about scheduling issues. We have a C/S rep which works the weekend and when he takes vacation time they ask me to take a day off during the week to cover the weekend. One weekend we had so much work that they asked another rep to come in and they were paid OT. I understand the other rep was over 40 hours. Is this all legal? THXZ

  • #2
    Hard to say. I am fairly sure that no one on this website is familiar with the past law suit that your employer was involved with. I can give you the obvious generic answer.

    - Hourly and Salaried are payment methods that legally have nothing to do with whether or not overtime is due. Many salaried employees are Non-Exempt. Some hourly employees are Exempt. There are also payment methods such as piece rate and commissions which are neither hourly or salaried.

    - Comp time (deferring paid overtime into time off) is legally something only certain governmental employers could do. It is not possible for an employer to legally defer paid overtime.

    - Non-Exempt employees (no matter what payment method is used) are due paid overtime. Exempt employees are not due paid overtime, although exactly what that means is impacted by the payment method.

    - Any employee legally can be treated as Non-Exempt (paid overtime). Not every employee can legally be treated as Exempt. There are something like one hundred or so exceptions from overtime, minimum wage or both. If the employer wants to claim that an employee is Exempt, then the employer has to be able to figure out exactly which Exempt classification that they are going to claim, and then to show that they are in compliance with the rules associated with that particular exception. All Exempt classifications are a function of actual job duties performed and sometimes the industry.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)