Legal Question in Employment Law in New York

Employed in NY as home health care aid. I work for a community of nuns (150)and am not paid overtime as agency states I work in a private home as domestic. Is a congregation of nuns considered a home or facilty? I understand if I work in a facility than I am entitled to overtime. Thank you


Asked on 2/18/13, 1:12 pm

1 Answer from Attorneys
Locksley Wade Law Office of Locksley O. Wade

The Fair Labor Standards Act (FLSA) defines whether you should be receiving overtime pay. In your case, if the religious institution where you are employed is a school or engaged in a commercial enterprise they fall within the requirements of FLSA for overtime pay. If they are solely engaged in prayer and giving charity to the poor then they are exempt from FLSA as for overtime pay. Please note that this is not the finial answer and you would need to provide more details to an employment law attorney for a more definitive answer.

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Answered on 2/18/13, 2:34 pm


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