Legal Question in Employment Law in New York

Taking advantage of Salaried employees

I took a position within my company which provides a 37.5 hour salary (they subtract lunch 1/2 hours which I don't have time to take). I was told this would work in my favor as we have seasonal ebbs and flows. Unfortunately, I haven't worked less than 50 hours in 8 months. They took away paid holidays, and I regularly come in on days off to keep up with the work load. I was told when hired that they were hiring another employee to maintain some of the work. They never did. I have to maintain 24 hour turnaround on all calls and emails, and answer 3 phone lines. I also manage several other aspects of the companies business. After taxes, I make $342.60 per week. I don't know if they can expect this much out of one person legally. I often work 7 days in a row or more to keep things from falling through the cracks. I love my work, but the understaffing is killing me. How many hours can they make me work to keep up? (upon asking the boss for help, I was told to evaluate the problem, more calls and emails than I can handle, and see what these calls and emails are about, then see if I can solve them with an alternate means.) It's a growing company, some parts of my job have increased 300% since I came on. Is quitting my only option


Asked on 8/19/07, 10:27 am

1 Answer from Attorneys

Jason Stern Law Offices of Jason Stern

Re: Taking advantage of Salaried employees

First of all, it doesn't sound like you are an exempt employee under the FLSA, which means that you may be entitled to overtime and backwages for years of uncompensated overtime.

My firm handles overtime-wage claims and we've had great success in obtaining large settlements with companies who are in violation of the FLSA.

Furthermore, under federal law, you may be entitled to double damages plus attorney's fees.

Please feel free to contact my office via email or through SeveranceAttorney.com

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Answered on 8/22/07, 10:22 pm


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