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

UPDATED: Oct 2, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years 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.

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