You work long hours as a manager, but your employer says your title means no overtime pay. That can be confusing when most of your day involves the same tasks as hourly workers. Both federal and New York state overtime rules may apply. New York law may also provide additional protections. The analysis considers your actual job duties, salary and other requirements when determining whether an exemption applies.
Your job title does not control eligibility
Your job title alone does not determine whether you qualify for overtime. Your employer must meet the requirements for the exemption it claims, including salary and duties requirements.
If you spend much of your workweek doing the same tasks as hourly workers, such as ringing up sales, stocking shelves or making food, those duties may matter.
What management duties matter?
For the executive exemption, your primary duty must involve managing the business or a recognized department. You must also regularly direct the work of at least two full-time employees. You must have authority to hire or fire employees or make recommendations about personnel decisions that the employer gives significant weight.
Scheduling shifts or opening a store alone does not qualify you for the executive exemption.
The administrative exemption has different requirements. It involves office or nonmanual work related to management or business operations. It also requires discretion and independent judgment on important matters.
What records can help if you were misclassified?
Keep a log of your daily tasks. Note the time you spend on management work versus tasks that hourly workers also perform. Pay stubs, job descriptions and emails assigning nonexempt work may also help.
Employers sometimes misclassify workers to avoid paying overtime. Clear records can show what your job actually involves and what exemption your employer claims.
Protecting your right to overtime pay
Misclassification can affect the wages you receive. Reviewing your actual duties, salary and employment records can help determine whether an exemption applies. A New York employment lawyer can explain your options if you believe you were improperly classified.