Your employer says that you don’t get overtime because you are a manager, since managers come within the executive exemption from overtime. But are you really an executive? For example, if your employer says your job title is manager, but most of the time you spend waiting on customers, you might be entitled to overtime, because it is not what you are called, but what you actually do, that counts. If you are paid on an hourly basis, and not on a salary basis, you are not an executive under Federal and New York Law wage law and are entitled to overtime. If you make less than $455 per week, you must be paid for overtime hours. If the primary duties of your job do not involve managing at least two employees, you are not an executive and you should get overtime.

Managers and assistant managers are often shortchanged when their employer does not pay them overtime. Federal Law and New York State wage law do not permit overtime wages violations just because your employer calls you a manager, when you in fact you mostly do the same work that the workers “under” you do. Over the years, you can lose a lot of money when your employer puts into his pockets the overtime wages that he should have paid you. Nor can your employer subject you to retaliation in New York State or New York City because you complain that you are not really a manager and should be paid overtime wages.

Contact us online or call us at (212) 949-1001 if you think that your employer's harmful actions stem from misclassifying you as a manager and not paying you overtime when most of your duties are the same as the people you “supervise”. We will use our more than 25 years of experience to help you resolve the matter by negotiation or by going to court in the State of New York or New York City.