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  1. #1
    Join Date
    Feb 2013
    Posts
    3

    Default Non Exempt Employee and Retroactive Overtime

    My question involves employment and labor law for the state of: New York

    Hi. I have been working for my employer for about a year and a half. I am in a non management position but am salaried. My agreed upon work week is 40 hours. However in the time I have been employed with this company I was required to work approximately 500 OT hours which are all documented. I was never paid for these hours.

    I asked a friend who is an attorney to research this for me and he said he thought regardless of me being salaried I should get OT based on FLSA. Low and behold I received a letter from my company the other day that said I am a non exempt employee and entitled to time and a half OT over 40 hours.

    My question is how I proceed in collecting the retroactive 500 hours of OT. My friend thinks an attorney should write a demand letter to the company but I don't want to get fired. Is it better if a lawyer writes a letter or I just ask myself? Does anyone think I'm not entitled to the retroactive pay?

    I want to be 100% sure before I Rick the boat.

    Thanks for any input!

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Non Exempt Employee and Retroactive Overtime

    And you haven't filed a wage claim with the state because....

  3. #3
    Join Date
    Feb 2013
    Posts
    3

    Default Re: Non Exempt Employee and Retroactive Overtime

    I'm not well versed on these matters. I didn't even know I could file a wage claim.

    Until I was told I was non-exempt I just assumed I was exempt. Should I file a wage claim or try the demand letter approach first and then if they refuse file the claim?

    Thanks again

    - - - Updated - - -

    That form for wage claims in NY asks whether you have requested the money from your employer yet so I would assume they want you to do that to avoid going through them if possible?

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Non Exempt Employee and Retroactive Overtime

    If that's how the state wants you to procede, then that's what you do.

    However, on the basis that you catch more flies with honey, I would politely bring the discrepancy to management's attention rather than starting out with an attorney and a demand letter.

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