Legal Question in Employment Law in New York

"Should I be getting paid overtime?" - Salaried Worker -- is probably the most frequent question I receive in my FLSA/Overtime practice.

Unfortunately, the answer depends on several factors and the Fair Labor Standards Division of the Federal Government continually amends and tries to clarify the pervasive confusion on the issue.

But to answer your question as directly as possible, being a salaried worker DOES NOT preclude you from being paid or entitled to overtime wages. Many employers MISTAKENLY classify salaried workers as being 'exempt' from overtime provisions of the FLSA (Fair Labor Standards Act) and other employers INTENTIONALLY misclassify employees to avoid paying overtime wages.

Each overtime/wage case needs to be analyzed by an experienced FLSA attorney to make an initial determination about whether you have been properly or improperly classified as Exempt.

If you need more information or would like to discuss this further, you may contact my office via email at [email protected].

Regards,