Jonathan Meyers’s Answers

Jonathan Meyers

New York Employment / Labor Attorney.

Contributor Level 6
  1. Are there repercussions for not having court ordered discovery in on time.

    Answered almost 3 years ago.

    1. Jonathan Meyers
    2. Erik Anderson
    3. James Alexander Abate
    3 lawyer answers

    It depends on a number of things, such as: (i) what kind of court are you in? (federal or state superior court?); (ii) what is the temperment of your judge?; (iii) what is the case about, and how important is the discovery you seek to proving an element of a claim or defense that is important to the case?; and (iv) how many times have you - or the judge - asked for the discovery? If a party fails to provide discovery, the judge could dismiss their claims, or strike their answer, or prevent...

    1 lawyer agreed with this answer

  2. Am I entitle to my missing weeks of pay?

    Answered almost 3 years ago.

    1. Jonathan Meyers
    2. Steven Everett Savage
    3. Fred S Shahrooz-Scampato
    3 lawyer answers

    Most likely, yes, you are entitled to be paid. If its clear under the terms of your employment agreement that you are entitled to that pay, then you are. Moreover, even though you have a small ownership stake in the company, you may be entitled to further statutory guarantees of at least minimum wage (and possibly overtime pay), depending upon what your job duties were.

    1 lawyer agreed with this answer

  3. Can i get back pay for working over 40 hour on salary.

    Answered almost 3 years ago.

    1. Jonathan Meyers
    1 lawyer answer

    It depends. You may be entitled to overtime -- but you may not, depending upon whether you are exempt from the legal requirement to pay overtime. Some employees fall into classifications that make them exempt from overtime requirements. Since you describe yourself as a "manager," you may fall into one of the exemptions, such as the executive or professional exemption. However, job titles are not controlling when it comes to determining whether an employee is exempt under the law. The only...

    1 lawyer agreed with this answer