Legal Question in Employment Law in New York
Mandatory over time / bonus schedule
2 ?'s ?#1 My employer has month long sales in which everyone is expected to work all month from 8:15 am till 8:00 p.m. While it is never stated that you MUST work every day you are fined if you are late or miss a day. The managers ''tell'' you that you can have the time off but frown heavely upon it and make you feel guilty for even asking . Managers don't bother asking at all. SO for 32 days straight with no days off, we work 12 hours a day. The second part is that I am a ''salaried'' manager but there are circumstances around why I am ''salaried''. I agreed to take a salary when I was offered another position at a new store for the same company. The store never made any profit so they put me on salary so I wouldn't take a pay cut. My ? is this... EVEN if you are a salaried employee and your DIRECT manager makes a verbal promise about a bonus at the end of the month does he or she have to pay you one? What if the premise for other ''sales'' is getting paid off of the gross profit in the range of 5% for a Manager. So $750,000 in Gross would mean a bonus check in the amount of $37,500. I've worked 1 sale with no bonus and am currently working another and am getting the same ''vibe''. Any takers???
1 Answer from Attorneys
Re: Mandatory over time / bonus schedule
There may be an overtime-wage issue (violations of the FLSA) if your duties and responsibilities are not managerial and the title is just gloss. Considering the number of overtime hours you've put in and the potential damages, you should speak with an attorney.
You can reach my office at [email protected]. Include a copy of this communication for a complimentary consultation.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
