I was told Im classified as non exempt and entitled to OT can they revoke my status?

Get Legal Help Today

 Secured with SHA-256 Encryption

I was told Im classified as non exempt and entitled to OT can they revoke my status?

I have been working thru my lunch hour since
Jan 1 – my boss told me the company doesnt
pay for working thru lunch but I still have to
write down on timesheet that I did and thats
how HR wanted it done. I approached HR
about it – and was told I am non exempt and
get OT, even when I work thru lunch – so, HR
said to send the hours worked and they would
pay me – but I need to sign an affidavit when
presented with check. They also said I can no
longer do OT w/o pre-approval when my
workload requires me to put in extra hours
everyday – can they change my status to
exempt ? Thanks

Asked on September 11, 2019 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

If you meet the criteria to be exempt from overtime (paid a salary, not an hourly wage; paid at least $23,660 per year; and your job duties and responsibilities meet at least one of the "exemptions" which you can find on the U.S. department of labor website under "overtime"), then they can make you exempt, but only if you meet those criteria.
An employer can require you to get pre-approval to work overtime if you are non-exempt.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption