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Exempt Employee - Mandatory OT no pay?! New York

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  • Exempt Employee - Mandatory OT no pay?! New York

    I work in NY and I am considered an exempt employee. My company told me yesterday (Tuesday) that I am obligated to work on Saturday - even though I normally work a full 40-hr week. On top of that, they will not be paying me a dime extra - no overtime, not even straight time! Please tell me they can't require me to work over 40 hours with absolutely no pay!

  • #2
    I can't tell you that, because they can. That's what "exempt" means; exempt from the minimum wage and overtime provisions of the Fair Labor Standards Act. A salaried exempt employee need NEVER be paid any extra pay for working "extra hours"; you're paid for the job you do, not the hours you work.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      I appreciate your prompt response. Thank you.

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      • #4
        Thanks for saying thank you, even though I'm sure that wasn't the answer you wanted to hear.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          Just a thought but "considering" someone to be Exempt is not always the same thing as them legally being Exempt. You might want to post your actual job duties and industry to verify this point. There are something like 100 or so Exempt classifications and many employers are very sloppy in the classification procedures.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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          • #6
            Originally posted by DAW View Post
            Just a thought but "considering" someone to be Exempt is not always the same thing as them legally being Exempt. You might want to post your actual job duties and industry to verify this point. There are something like 100 or so Exempt classifications and many employers are very sloppy in the classification procedures.
            True. I took the OP's word for it. I'm trusting like that.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              And, in my opinion, it is prudent - particularly in today's economy, to have assessed alternatives and have a viable path before taking action (like challenging your classification as exempt) against your employer. Labor actions can take quite a few months to sort out and you may be living without a paycheck during that time. The old saying applies: "Dead right" is just as dead as "dead wrong".
              Please post questions on the forum rather than sending me a private message or email. That way others who have similar issues have access to the discussion.

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