Brooklyn, NY asked in Employment Law for New York

Q: Can an employer make a salaried employee work over the hours agreed in the salary without more compensation pay?

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3 Lawyer Answers
V. Jonas Urba
V. Jonas Urba
  • New York, NY
  • Licensed in New York

A: Why is the employee salaried?

Professional exemption

Executive exemption

Administrative exemption

Employment lawyers analyze whether an employee's job duties, and not what an employer might call the employee's job or title, qualify for an exemption from overtime.

It is not unusual for employees to be paid salaries when they should be paid hourly for all work. In those cases we can recover unpaid overtime, liquidated damages and the employee's attorneys' fees. This can be a substantial amount of money for individuals or even groups of employees. Going back to collect up to 6 years in New York.

You are either salaried and work as much as needed or you are hourly and paid overtime. There is no such thing as salaried for up to X number of hours.

No employer can pay you salary for up to X number of hours and then switch you to hourly plus overtime. Even if an employer thinks they can pay a certain employee a salary, courts often disagree.

You need to discuss your facts with an employment lawyer to make sure you are paid legally and for all time worked. This can take some time and should be carefully evaluated by an employment lawyer that you choose.

Logan Michael Jones agrees with this answer

Barry E. Janay
Barry E. Janay PRO label
  • Florham Park, NJ
  • Licensed in New York

A: Too difficult to answer without knowing more about the details of the employment and specifically whether it is exempt / non-exempt.

Bruce McBrien
Bruce McBrien
  • Hauppauge, NY
  • Licensed in New York

A: That depends on your job duties. Your job duties determine wether you are an exempt or non-exempt employee which helps determine if you are entitled to overtime pay.

You should consult with an employment attorney so they can determine your rights.

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