NY Salary Exempt Laws

[Onehorsetown]

Jurisdiction

New York

Not New York City

I work as Parts Manager at a small GM dealership. My weekly salary was $600/week plus bonus based off percentage of profit. My pay dropped Jan 1st to $500 a week with a change in bonus structure. My 40 hour workweek extended to a mandatory 45 hour week with some weeks a mandatory 63 hours a week. As an exempt employee we had a one day state of emergency and were unable to work. I was told to take the days pay dock or use a vacation day. I am confused as to if my salary meets exemption status or not? Though I have the title parts manager I only have some influence on hiring and firing and general policy. I am not permitted to make any purchase, etc without permission from my fixed operations director or dealer principal.


All changes done under new director and I am now on same pay plan as my counterperson. I believe I am being demoted but still hold the 'title' to retain exempt status. Can someone clarify for me please.

 

[mightymoose]

Have a look at these. Contact the Department of Labor for clarification if you have any concerns.
Have you spoken with your employer about this already? What were you told?

 

[Onehorsetown]

I have, and was told that my past salary and projected annual salary (base plus projected bonus) divided would exceed the weekly wage, because of my monthly bonus, and so I am exempt.

I did not contact the Department of Labor, as of yet, I didn't want to falsely accuse if it was all within the requirements of NYS law

 

[army judge]

I have, and was told that my past salary and projected annual salary (base plus projected bonus) divided would exceed the weekly wage, because of my monthly bonus, and so I am exempt.

I did not contact the Department of Labor, as of yet, I didn't want to falsely accuse if it was all within the requirements of NYS law

Even if you win, you're likely to lose.

Very few employers will keep you on for any length of time if you bring the state around to snoop into their affairs.

Plus, you don't reside in NYC, or even Buffalo, as you term it; its a "one horse town".

I suspect anything you do will also cause your employment prospects to be limited in the "one horse town".

If your current employment is unsatisfactory, it might be time to secure another position.

Why?

Because you're not going to get thousands of dollars over this, even if you prevail.

Its your life, and its your call, mate.

 

[army judge]

I'm not sure why you assume I don't reside in or near Buffalo, or, why you assume that Buffalo is the only other "non one horse town". The chosen name has nothing to do with my location in this great state of NY, mate.

Ultimately, I am really looking for answers on the situation at hand, not potential retaliation, nor am I driven by ideas of thousands in back pay. But I appreciate your input regardless as it always amazes me how people assume things over the internet.

Objection, Assumes facts not in evidence.

I used Buffalo to represent Rochester, Syracuse, even Long island (and its many small and large cities).

You want legal advice, hire a lawyer.




As far as where you reside (or post from), I know you're posting from Plattsburgh or Watertown, near the home of the decorated US Army 10th Mountain Division at Fort Drum, NY.



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