Legal Question in Employment Law in New York

exempt or non-exempt?

I am a salaried restaurant manager

in NYS who works 60+ hours a week

for less than $40,000 per year. I

supervise the entire staff of 25+

and am able to work any position in

the house. I have been with this

company for 13 years. Is there a

maximum number of hours per week

I can work under NYS law? It's very

difficult to find info online. Any help

is much appreciated!


Asked on 11/06/07, 1:12 pm

1 Answer from Attorneys
Jason Stern Law Offices of Jason Stern

Re: exempt or non-exempt?

Ask yourself, are you:(1) Spending more than one half of your work day performing the same tasks as hourly workers? (2) an hourly worker (e.g., a misclassified salaried manager primarily performing hourly-type tasks) not receiving full uninterrupted mean and rest breaks; or (3) making less than minimum wage?

If so, you may be interested to know that a large percentage of the hundreds of overtime class actions filed in recent years involve the food service industry.

You can contact my office via email or through our website: www.FLSAattorney.com

Regards,

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Answered on 11/06/07, 2:18 pm


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