I've Been Accused of Submitting False Overtime Hours. but I Really Worked the Hours

[olivia]

My question involves defamation in the state of: New York

Background Info: I've been an executive assistant in a very big corporation for over a year. Like all the other assistants in my office, I make a base salary plus overtime. My boss is on maternity leave and she gave me permission to lead and work with her direct reports on several projects. While she is on leave, I technically report to the department president's assistant, but I really report to my boss's direct report (I'll call the person "Bob") because Bob has me working on various full-time projects for his team.

The Problem: I have to submit my overtime hours to the president's secretary, which Bob approves of in advance. However, the head of finance (I'll call him "Finance") told the president's secretary that I am submitting false overtime hours. Finance said this solely based on the fact that he never saw me in my cubicle when he stayed late and would walk to the bathrooms. There is no way Finance could see me, though, since my cubicle is blocked off by a partition AND I'm not even located near the bathrooms. HR also called both Bob and me because they didn't understand why I was working more than 35 hours per week since my boss is on leave. Bob and I both independently told HR that my boss approved of me working on multiple, deadline-sensitive projects, but HR stills flags my paycheck if I work more than 35 hours per week. Finance told me, via an e-mail that the president's secretary sent me, that I'm no longer allowed to work overtime unless Bob requests it for me and Finance approves that its for the betterment of the company. The president's secretary told me that Finance wants me to do this because they think I'm lying about my overtime hours. I've always reported accurate hours, but only Bob and his team believes me.

The Question: Is this legal for the company to make me go through so many people for approval just because Finance "thinks" I'm a liar? I'm pretty sure hours aren't quantified by running into people in the bathroom.

Also, if Finance denies me the overtime hours, I'm still going to have to work on the projects in order to complete them... which means I'll be working for free. Do I have a case against the company if they refuse to pay me for my work?

This entire situation is stressing me out and giving me anxiety. I've dedicated my life to this company and I feel like my character is being attacked by people I never see or talk to. Any help is appreciated. Thanks

[Dogmatique]

This post does NOT belong in the defamation/libel forum.

[cbg]

True, but since I've found it I'll answer it anyway.

1.) Yes, it is legal for them to require you to jump through as many hoops as they wish before you work overtime.

2.) Are you considered to be exempt or non-exempt?

[olivia]

I believe I'm non-exempt. However, it is a rule that we must notify our supervisor if we anticipate working more than 35 hours.

Also, when I first started working for the company, someone told me that I wouldn't be paid for anything past 35 hours without my boss' approval. So I talked to HR and they said that I must be paid for every hour that I work...

Thanks for your help!

[cbg]

Sounds like you're non-exempt. Which means:

1.) You must be paid for every hour that you work, and time and a half for every hour over 40.

2.) You can be fired for working unauthorized overtime.

Would your boss be willing to check in long enough to tell Finance that she approved the hours?

[olivia]

My boss is pretty checked out with her new baby. She would definitely let Finance know that she approves of my hours. But I doubt I can count on her to email Finance every 2 weeks to convince them to let me work overtime.

Before my boss went on leave, she, bob and I had 3 meetings to discuss my new responsibilities while she's away, all which are documented. My boss also informed the department president that I'd be working for Bob.

I feel that no matter what anyone tells Finance, he'll still want to have final say on my hours because he thinks I'm trying to report fake hours... Even though I properly document all the hours I work and on what projects.