I have been employed for over two years and been paid a salary on a monthly basis as an exempt, Executive assistant. I have just been informed by HR that my pay schedule will change from monthly to bi-weekly to due to being eligible for overtime and so that they can better document overtime. My employee handbook states that supervisors do have the discretion to grant compensatory time in situations when an exempt administrator has worked an unusually large number of hours with pre-approval from my supervisor. My boss has required me to work during off work hours and until work is complete but never formally pre-approved OT or mentioned it. I never knew until recently that I had been eligible for overtime and feel I am entitled to compensation for undocumented OT. I need advise.
I would need more information to answer your question, but if you have been misclassified as exempt then you are entitled to time-and-a-half overtime pay during each pay period when you work more than 40 hours. Unless you work for the government, if you are legally entitled to overtime pay your company cannot offer you compensatory time instead. I highly recommend you meet with an employment lawyer who can assess whether you really are exempt. Just because your employers calls you exempt and even though you are paid a salary does not necessarily mean you really are exempt.
My answer is based on the limited information provided in the question, and should not be considered legal advice. If you are looking for legal advice, you should contact an employment attorney. The Nirenberg Law Firm, LLC represents employees in New Jersey and New York. Please feel free to call us at (201) 487-2700.
It sounds like HR has concluded that you were misclassified as exempt. You should consult an employment attorney. Most will not charge for a consult and will take the case on a percentage basis, without fee to you unless the case is successful.
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