If I am a contacted salary worker and I don’t receive overtime pay and I entitled to receive under time pay?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I am a contacted salary worker and I don’t receive overtime pay and I entitled to receive under time pay?
My husband works on salary as a superintendent at a construction management company in a nonunion position. Last week, while being ready and able to go back to work, he was only told to work 1 day, only receiving that 1 days pay. Also, for months he was working Saturdays and well past his normal 40 hour work week. He was never paid for any of those hours, knowing that it would balance itself out and that he would always be paid his normal weekly salary on weeks he doesn’t work a full 40 hours. Does he have a case to demand normal salary regardless of hours? If not, what about the pay for OT hours?
Asked on January 12, 2017 under Employment Labor Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If he was a salaried exempt employee, like someone who a) was paid a salary, and b) who supervised at least two people and/or performed adminstrative functions requiring discretion, then:
1) If he works short hours during a day, he still gets paid for the day;
2) If he misses entire days at a time, including due to being scheduled for less days, he is NOT paid for missed days--salaried employees are not paid for entire days that they don't work;
3) He is not paid more, including overtime, for working more than 40 hours in a week; and
4) He is not paid more for working weekends (or nights, or holidays, etc.).
Basically, his salary would be his only compensation; he can miss hours without losing salary, but not whole days; and, of course, unless he has a written employment contract guarantying the days he will work or setting his schedule, his employer can reduce his schedule at will.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.