I'm a department head (manager) at a hotel and base in the NYC salary law i'm supposed to have an increase. But my manager in order to save money is thinking on take me from salary pay and put me on hourly pay. Is it this lawful?

Manager and Human Resource are trying to in certain way demote me to save money and not give me the raise that by law I'm supposed to have. Can you help me to find out if this is lawful or not?

1 answer  |  asked Jan 18, 2018 08:30 AM [EST]  |  applies to New York

Answers (1)

V Jonas Urba
It is legal unless it is being done to discriminate against you. For example if you were the oldest manager or you belonged to a religion not accepted or you were disabled or you belong to some other protected class of employee and other managers were not being made hourly it might be illegal.

Often hourly employees earn more with overtime pay. Many salaried employees should be paid hourly. Depending on your duties you could potentially be entitled to 6 years of back pay if your duties or responsibility was not truly managerial. For example a bookkeeper who was called a manager and paid salary could potentially recover up to 6 years of overtime pay for all the hours they worked more than 40 a week plus other damages. Usually with legal counsel who will be paid by your employer if you win.

Call an employment lawyer if you think that you exercised no discretion or independent judgment in your job duties and that you should have been paid overtime. Then you should have some time while working to look for another job. They can not retaliate against you for hiring a lawyer to recover unpaid overtime.

posted by V Jonas Urba  |  Jan 18, 2018 08:53 AM [EST]

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