Brooklyn, NY asked in Employment Discrimination and Employment Law for New York

Q: My boss does want to pay me 12 hours overtime because she said it wasn’t approved

My boss does want to pay me 12 hours overtime because she said it wasn’t approved but regardless I worked it so isn’t she still obligated to pay me ? Also I was promoted to a manager and then demoted me in two months because she hired someone without a Real reason and then dropped my pay.

2 Lawyer Answers
Brian Greben
Brian Greben
PREMIUM
Answered
  • Employment Law Lawyer
  • Great Neck, NY
  • Licensed in New York

A: If you are a non-exempt employee, your boss must pay you 1.5 times your regular hourly rate for all hours worked after having already worked 40 hours per week. She can't use your alleged lack of authorization as an excuse for not paying you overtime.

V. Jonas Urba
V. Jonas Urba
PREMIUM
Answered
  • Employment Law Lawyer
  • Tarrytown, NY
  • Licensed in New York

A: Your question is complicated. Managers usually earn a salary. But that does not always mean that they are exempt from overtime pay. On the other hand, hourly employees, are entitled to overtime pay. But that does not mean that an employer can not implement policies and procedures to follow which employees can not circumvent to potentially compensate for lower earnings after being dropped from managerial pay to hourly pay. Private employers need no reasons to justify who they place or remove from positions. Consult with employment lawyers. Make sure you speak with someone who digs for those issues on which these cases pivot before relying on suggestions or guidance or retaining a representative.

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