Legal Question in Employment Law in New York

Overtime for Salaried Employees

I work for a powerful leading pharmacy retailer. I like the job but the hours are rough. However, i now have a new boss that expects me to work 55-65 hours per week for no special reason then to just be there and assure that work is getting done. I know if i don't work the hours I will not be promoted to store manager no matter how good I am. This not fair but is it illegal? Should i try to document anything to protect myself when I file a complaint when i don't get promoted.


Asked on 9/12/07, 8:06 pm

1 Answer from Attorneys
Jason Stern Law Offices of Jason Stern

Re: Overtime for Salaried Employees

You didn't mention if you were being compensated at one and one-half your hourly rate for the additional 15-25 hours you are working. I am aware that Duane Reade has employed pharmacists who are not paid overtime for working beyond 40 hours per week, and that these workers are considered non-exempt employees.

So let me brief you on the law: Employers CAN require you to work overtime, so long as you are compensated according to Federal and State laws.

If you believe you are being wrongly denied compensation, please contact my office via email or through FLSAAttorney.com and leave your contact information.

I look forward to speaking with you.

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Answered on 9/12/07, 11:40 pm


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