Deer Park, NY asked in Employment Law for New York

Q: Can a job force you to take pto but have you on call 24/7 so they don't have to pay you overtime.

Your schedule is 9 to 5. Mon -fri They make you stay home but you have to check in and be on standby. If you get paged out after hours or the weekend they say we don't have to pay you anything for that because we are paying 40 hours pto for the week. I am a non exempt employee and I receive overtime for over 40 hours and as per company policy double time for sundays.

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1 Lawyer Answer
Brian Greben
Brian Greben
  • Great Neck, NY
  • Licensed in New York

A: If you are a non-exempt employee (and therefore entitled to overtime if you work over 40 hours per week), what you are describing is unlawful. More information is needed about your employment to determine if you are exempt.

1 user found this answer helpful

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