Legal Question in Employment Law in New York
Employment - Overtime
After working 8 hours in a day, are employers supposed to decided how much overtime you work? I agreed to work overtime and I do but does the employee or employer decide how much overtime is worked per day? (I can't seem to find an answer for this). I work in a jewelry distribution center. The manager tells employees the 'have to' work until he decides they can leave.
1 Answer from Attorneys
Re: Employment - Overtime
This is a specialized area of the law, in which your classification as either exempt or non-exempt determines whether your employer is required to pay you overtime. If you qualify, the rate required by law is one and one-half times your hourly rate for each hour in excess of 40 hours per week.
Employers are very wary of these claims because they can be found liable for Double damages and attorney's fees at trial.
A consultation with my firm will help determine whether you are entitled to overtime pay and help you determine a course of conduct going forward.
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