Salaried Workers



Wrong! Under the law, every employee who works more than 40 hours a week is entitled to receive pay equal to 1½ times their normal rate of pay — unless the company can meet very specific criteria for certain exemptions from that requirement.

What are some examples of positions that are properly salaried?

There are very specific criteria for positions that the employer does not have to pay “overtime” pay for, including

  • True “managers” who have the authority to hire and fire, set schedules and rates of pay, and otherwise make real decisions about things that really affect people rather than just making suggestions to a higher-up.
  • “Learned professionals” like doctors, dentists, and other highly educated types.
  • Other high-level administrative positions like the Head of the Human Resources department.

My title is “manager.” Am I out of luck?

No. It does not matter what you are called, but what you do with your time. If the company calls you the Vice President of the Hygiene Department, but your job is actually mopping floors, you deserve to be paid proper overtime pay like every other custodian or janitor. Figuring out if you should be paid overtime can be technical. Contact us today, and we will help you figure it out.

What’ if I’m paid a flat amount per week?

In New York, the presumption is that a flat weekly amount of pay is for 40 hours a week. So, whatever your flat weekly amount was, divide that number by 40 and that’s hour hourly rate. If you are not a legitimate salaried employee, then you are entitled to the number of overtime hours you worked, at time and a half your computed hourly rate.

Under state and federal law you may also be entitled to other penalties. Depending on how long it’s been going on, and these claims can be significant.

If you are doing work that does not qualify as salaried work, and working more than 40 hours per week…


If you are being cheated by your employer, we can get you the money you deserve. Call us now at (212) 961-7639 or send us an email to discuss your pay-related issues.

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