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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 41221
Experience:  I provide employment and discrimination law advice in my own practice.
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I work for a non-profit health system in ny. I recently transitioned

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I work for a non-profit health system in ny. I recently transitioned from full time role as a representative in the billing department, to a part time employee. I was promoted to supervisor and receive an annual salary so I am considered a part time exempt employee. My salary is based off of a 4 day 30 hour week. Part time employees receive benefits but pay more to receive them. However, my boss stated that she will frequently have me work 5 days. Is it legal for my company to only pay me my current salary? I do not expect to be paid for extra hours worked within the four days in my contract, but when I work five days which in essence is a "full time schedule" I feel I should receive full time benefits as well as compensation for that day.
Thank you for your question. Please permit me to assist you with your concerns.

That very much depends. Does your employment agreement have a clause in it that would require you to be paid overtime? Also, these demands to work a fifth day, are they constant or infrequent in nature? Please advise.
Customer: replied 3 years ago.
No clause in contract about overtime. I have held this position for 2 months and have worked the fifth day about half of the time. (4 weeks)

Thank you for your follow-up, John.


It does appear as if they are attempting to claim you as 'part-time' but you are working full-time hours. It may be wise to discuss this first with your HR person and have them re-evaluate your employment position and formally upgrade your OR agree to not place extraneous hours on you in such a fairly extensive capacity. If that fails, you may want to consider contacting the Department of Labor and have them investigate the non-profit to see if they are violating wage law by failing to compensate you for your rightfully earned time. While you could be 'salary', it still requires the employer to reasonably maintain proper hours for your work and not make you work excessively while claiming you for nominal time.


Hope that helps.

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