If I am a contacted salary worker and I don’t receive overtime pay and I entitled to receive under time pay?

UPDATED: Sep 30, 2022

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If I am a contacted salary worker and I don’t receive overtime pay and I entitled to receive under time pay?

My husband works on salary as a superintendent at a construction management company in a nonunion position. Last week, while being ready and able to go back to work, he was only told to work 1 day, only receiving that 1 days pay. Also, for months he was working Saturdays and well past his normal 40 hour work week. He was never paid for any of those hours, knowing that it would balance itself out and that he would always be paid his normal weekly salary on weeks he doesn’t work a full 40 hours. Does he have a case to demand normal salary regardless of hours? If not, what about the pay for OT hours?

Asked on January 12, 2017 under Employment Labor Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If he was a salaried exempt employee, like someone who a) was paid a salary, and b) who supervised at least two people and/or performed adminstrative functions requiring discretion, then:
1) If he works short hours during a day, he still gets paid for the day;
2) If he misses entire days at a time, including due to being scheduled for less days, he is NOT paid for missed days--salaried employees are not paid for entire days that they don't work;
3) He is not paid more, including overtime, for working more than 40 hours in a week; and
4) He is not paid more for working weekends (or nights, or holidays, etc.). 
Basically, his salary would be his only compensation; he can miss hours without losing salary, but not whole days; and, of course, unless he has a written employment contract guarantying the days he will work or setting his schedule, his employer can reduce his schedule at will.

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