Legal Question in Employment Law in New York

I was hired in June 30th, and by July, my supervisor was fired due to her low performance. Since then I have been doing both my job and her job for 4 months now, and have been working over time (9-11 hours per day without lunch and dinner break) Not that they won't let me eat lunch, but I just have so much work that I have to give up those break times. I have also been working from home after hours, and have not get any over time pay.

In my offer letter, the responsibilities are not clear enough for me to hold against anyone. It just says: "the responsibilities will be discussed during your interview" It does stated my working hours should be 7.5 hours per day though.

I received a substantial raise in September 30th, however, it is no where near how my ex-supervisor was paid. I have been working on both jobs and performed well, and I am not sure what can I do. If I do decide to leave the company, would I be able to claim the overtime? or claim my supervisor's compensation?

Thanks!


Asked on 11/14/15, 5:17 pm

1 Answer from Attorneys
Jason Stern Law Offices of Jason Stern

It sounds as though your employer may be taking advantage of you. Whether or not their behavior is legal or illegal requires additional investigation. Many jobs require the employer to pay overtime at 1.5x your regular wage for all hours worked in excess of 40 per week. Penalties can equal up to 3x your hourly rate for the overtime hours and back pay can be sought and recovered with the assistance of an attorney. Attorney fees are also usually recoverable so you shouldn't have to pay an attorney to fight the case for you other than a consultation or small retainer fee.

My office reviews and handles many overtime wage claims and we would be happy to provide you with a free telephone consultation at 212-920-6950 or via our website at http://www.flsaattorney.com

Regards,

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Answered on 12/01/15, 11:48 am


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