Back pay for holidays worked and for overtime for misclassified employee

[Panjatty]

What is the name of your state (only U.S. law)? New York

My employer told me I was exempt since my title was Facility Manager and I was a salaried employee. After reading up on NYS labor laws (after the fact, unfortunately ), I now know that I was not exempt since my job was primarily manual labor (custodial, building repair and maintenance, grounds keeping, snow removal, cooking/catering, set-up & take-down for functions). I also did not supervise 2 or more full time employees, nor have any say in hiring, firing, or the running of the business.

I recently resigned from my job, submitted a two-week written notice, and requested compensation for unused vacation time and additional pay for holidays that I was required to work even though it was a paid day off for everyone else. My employment contract states that I'm entitled to "Leave at full pay to observe national holidays and days of religious obligation."

My employer just sent me a check for the vacation days, but said I was not eligible for any additional holiday pay because my position was a "salaried managerial position" and I was "expected to work when needed, including Holidays. As such, our Personnel Policy, as well as accepted business practices, do not allow you to accrue Holidays, so we will not be compensating you for same."

The only mention of time not eligible to be accrued in our Personnel Policies relates to personal time. It does not say that holidays cannot be accrued, my contract specifically states I am entitled to holiday leave, and yet I was required to work those holidays. Aren't I entitled to additional compensation for all holidays worked?

Also, I was told that I was exempt from overtime pay as a "salaried managerial" employee, but now that I know I am not exempt, can I collect back overtime pay for all hours over 40 worked in any given week? I also read that NYS requires one additional hour be paid for any day that I work more than 10 hours. It also states that employees have to be given a 24 hour rest period each week. One month in particular I worked 28 of 31 days.

Did I read the applicable laws correctly? Do you think I have a valid claim for back holiday and overtime pay?

 

[cbg]

There are only two states which requires an employee to receive additional pay for working on holidays. NY is neither of them, and even in those two states the law only applies to some employees and some holidays. You would not be among the employees who were owed it in at least one of them.

FYI, while according to your description of your duties I agree that you were probably non-exempt (and thus can file a claim for back overtime, even if not for holidays) please be aware that there are something like 100+ categories of exempt employee and supervision of 2 or more employees or having ability to hire and fire is required for exactly one of them.

 

[Panjatty]

Even though my contract states I am entitled to leave at full pay for holidays, but was required to work holidays with no further compensation?

 

[Zigner]

You will want to have your purported contract reviewed by a local employment law attorney. Rarely do "offer letters", etc., rise to the level of a contract.

 

[justalayman]

Even though my contract states I am entitled to leave at full pay for holidays, but was required to work holidays with no further compensation?

that would mean that if you did not work a holiday you would not be penalized (deduction from your pay). That does not mean you must be allowed to take the holiday off. It does not mean you are due additional compensation if you do work the holiday.

there is a difference between what you are entitled to concerning your pay and whether you can be required to work at any specific time.

 

[Panjatty]

Holiday pay resolved. Still wondering about back overtime.

UPDATE: I contacted a lawyer who is affiliated with my former employer. He reviewed my documents and advised the company to issue me a check for the holiday pay, so there must have been some merit to my request.

Should I now file with NYS DOL for a review of my claim for unpaid overtime? I typically worked as many as 60 hours/wk, so this would be a huge amount of compensation if it turns out I was not an exempt employee for the last three years. Do you know if NYS calculates overtime by the day (8+ hours), week (40+ hours) or by the pay period (ex: 80+ hours for bi-weekly payroll)?

 

[justalayman]

you might want to start with contacting your employer and letting them know that you have discovered you were non-exempt and as such, eligible for overtime and see what they say. It is usually simpler to settle things without getting the state involved if you can. If the determination comes from a source that would be dependable, your employer may accept that and start calculating.

 

[cbg]

Both NY and Federal law calculate OT by the week (over 40 hours in a week). Only a VERY few states calculate overtime on a daily basis and Federal law prohibits it being calculated by pay period except in very, very limited industry-specific situations.

Sounds to me like you want a piece of both pies at once. There are NO circumstances where an employee in ANY state except MA or RI are entitled to extra pay for working on a holiday unless a legally binding and enforceable contract says they are, and even in MA and RI the entitlement is limited. So if you received extra pay for holidays it must have been on a contractual reason - it was NOT because you were entitled to it by law. I am quite prepared to back that statement up. It might be assumed that the same contract determined your pay structure.

So, did the lawyer who decided you were entitled to extra comp for working on a holiday also think you were entitled to overtime pay? If not, why not? If so, why are you asking us?