Oswego, NY asked in Employment Law for New York

Q: Can my salaried exempt position be changed to hourly because the employer does not want to meet the NYS requirement

I am a salaried exempt director for a NFP. am being told that my position must be moved to an hourly rate because they cannot afford to meet the State minimum required salary for exempt salaried employees. I have held this salaried exempt position since accepting in 2013. In addition, I may not have been paid the minimum required salary for exempt professionals for past several years.

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

A: Call employment lawyers immediately to discuss. Smart employers pay hourly plus overtime for any employee who the employer suspects may not be exempt.

Remember that salaried employees have to meet the job duties test as well as the minimal salary requirements. Under federal laws the salary is only slightly more than $35,000 to be exempt although the duties test also applies under the FLSA to most categories of exempt employees. But states like New York protect employees, both hourly and salaried, with stronger protections and even passed the Wage Theft Prevention Act to prove it within the past decade.

In New York the statute of limitations is also longer. You have up to 6 years to recover unpaid wages. Watch some YouTube videos at Employment Law Reality Check or visit www.UrbaNYlaw.com for more suggestions.

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