Brooklyn, NY asked in Employment Law for New York

Q: How many hours in the day/week is my boss allowed to make me work? One week I worked over 70hrs.

I am considered a Manager. I do not get paid overtime. I am not in a union.

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1 Lawyer Answer
V. Jonas Urba
V. Jonas Urba
Answered
  • New York, NY
  • Licensed in New York

A: Regardless of what you are called, the discretion and independent judgment you exercise in your duties determine whether you are exempt from overtime. What you are called is almost irrelevant. The question is are you exempt?

Since you have no union, assuming you do not work for the government, and assuming you have no written term contract of employment you are "at will." That means you can leave or they can ask you to leave at any time, for no reason at all.

Most employees who become managers do not want to go back to hourly and overtime because they lose the "discretion and independent judgment" they have, or should have on the job.

New York allows improperly classified employees to recover up to 6 years of unpaid overtime plus fees, costs and liquidated damages. Seek legal counsel for a consultation if you believe you are not truly exempt. And maybe start looking for a new job while you still have this one regardless of what you are ultimately paid. Good luck.

I don't know of any law that limits the hours managers or other truly exempt employees work. Think lawyers and doctors, who generally work very long hours. Regardless of pay, many change jobs simply because of the hours demanded to do those jobs properly.

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