All employees of not for profits are governed by the department of labor. Depends whether you are management or an employee. Speak with your HR department and NYS dept of labor.
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Yes, my colleagues are correct about the department of labor. However, you do have a private cause of action under the fair labor standards act. It does not matter that you work for a non-profit. You are entitled to be compensated "time and a half" for all hours worked in excess of forty hours per week. Under the fair labor standards act, there us generally a two year statute of limitations, (or three if you can show it was done intentionally). Additionally, you may be entitled to liquidated damages (double the amount of what is owed to you).
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There are two questions that need to be answered to determine if your employer is violating Federal and State law. First, are you correctly categorized as an salaried employee? If you are not, your employer cannot deny you overtime for hours worked over 40 hours per week. Many employees are often categorized as "management" to justify a salary only policy--however if you have no real management duties or discretion, it is possible that your employer is violating the law. The second question is whether your employer is somehow exempt from these regulations for some reason. You should contact an attorney experienced with the Fair Labor Standards Act to answer these questions.
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