Legal Question in Employment Law in New York

This question relates to compensation for hours exceeding 40 hours per week. If you are on a salary what determines if you are an exempt or non-exempt employee? I work as a architectural designer/cad person doing construction documents. I am not considered to be over or managing any personnel. I have asked the labor department this question and have not been able to get an response other than it is not my job to answer this question.


Asked on 1/09/12, 7:17 am

1 Answer from Attorneys
Jason Stern Law Offices of Jason Stern

Determining whether you have been properly classified as Exempt vs Non-Exempt can be complicated and there is no single standard to determine your classification. If you believe you have been misclassified, you should speak with an FLSA Attorney who can discuss the various factors involved in the classification process and make a determination as to whether you are misclassified and possibly owed back wages and overtime.

You can learn more at http://www.FLSAattorney.com

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Answered on 1/11/12, 1:04 pm


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