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

Q: How to report anonymous Mgr. Forge employee timesheet for time not worked. Intimidates other from adding actual time?

Mgr. of 3mths w/firm threatening/harassing me. I'm 3+ yrs w/company. Just as others I always arrive to work early by 30mins or so for late night requests & ontime arrival. No problems w/previous Mgrs. Great perform reviews. Mgr. now says I need his permission to work OT. Reprimanded 2 days in row right before vacation. He met w/COS 2hrs. prior to 2nd reprimand. (COS harass).He has intimidated me such that I stop putting actual time of login. Just standard hours. Very seldom full hour Lunch, no rest breaks. There's times I respond to his email requests before start time, He still approve only standard hours. Within 1.5mths, he's threatened he cannot give me a good Perf. review. I've done nothing wrong. Unbeknownst to me he's been giving out my work to others. He & new employee talked offline/on cell phone. Mtg. scheduled online. Plethora of evidence. Person not working actual time. Their hours same as mine yet, missing hours at a time everyday. COS forging prior. Illegal? What can I do?

1 Lawyer Answer
V Jonas Urba
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  • Employment Law Lawyer
  • Licensed in New York

A: It looks like your pay is on an hourly basis. All employees who are paid by the hour must be paid for all time for which they are permitted to suffer labor (that is language often used by the courts). If you work hours, including overtime at 1.5 times your regular pay rate, you must be paid for those hours.

However, your employer has the right to approve or disapprove of overtime work. If a supervisor or manager directs that you cease working overtime then your continued practice appears to be insubordinate or against what your instructions were. Managers have the right to be told in advance of overtime work because they could be individually liable for overtime pat violations. They may stop or approve overtime.

Finally, if you qualify as exempt from overtime pay on a salaried pay rate then your employer could work you as many hours as it reasonably needed you to work unless those hours are discriminating you somehow or you are not truly exempt from overtime because of either you not being in a professional or executive or administrative exemption requiring discretion and/or independent judgment while you work. There are not enough facts to determine whether these actions by your manager are discriminatory nor whether they violate DOL regulations or some statutes. Good luck.

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