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NY State Wages/Hours for Exempt Employee? Ugly situation. New York New York

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  • NY State Wages/Hours for Exempt Employee? Ugly situation. New York New York


    My husband is an exempt employee for a NYC company, in a computer-based field. He is a senior person in a staff of approximately 5. All staff in his department except for him are "consultants" and get paid as such (hourly plus overtime). The department rotates a "on-call" person. Which means every 5 weeks someone is on call for a week. It is a well-known scenario that the person who is on-call can work 90 hours a WEEK. Up all night, working all day, and on the weekend you are stuck at your home or limited because you need to have computer access and it's almost guaranteed you will need to use it.

    They made some shifts of staff, etc. and they now want my husband to pick up one of the week-long rotations. Since he is exempt he will not receive any compensation for his time, while the consultants are making time and a half for their 90 hour work week once every 5 weeks.

    I have researched this to death this week and I am under the impression that it's actually legal to require an employee to work 90 in one week, every 5 weeks, without compensation. Is this correct?

    Also, I found this link which, in the FAQ about Overtime section, states that employees in the State of NY who are exempt are still entitled to time and one half of NY State minimum wage.

    Can anyone here extrapolate on this law, and clarify if I understand this correct? We are at a loss as to what to do. My husband is being taken advantage of. We have young children and this is going to affect them and their activities too. Everyone here knows how the job market is, and looking for another job hasn't proven successful recently.

    Thank you in advance for any advice!

  • #2
    Please also note re her question re OT exempt employees NY. (duplicate question)
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