QUESTION

Is this workplace retaliation ?

Asked on Jul 10th, 2021 on Labor and Employment - New York
More details to this question:
Hello. If I tell my employer that I disagree with what the law says about employees who work 40 hours in a work week, and my employer responds to me and says that since I disagree, I should agree to personally pay any penalties associated if I am wrong.
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1 ANSWER

Labor and Employment Attorney serving Tarrytown, NY at Urba Law PLLC
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You state that you "disagree with what the law says about employees who work 40 hours in a work week." Not sure what your disagreement entails. I have successfully respresented salaried employees who were improperly classified as exempt from overtime. We successfully disagreed that these employees' duties lacked sufficient discretion and independent judgment to qualify as exempt under the administrative exemption. I have also successfully represented salaried professional employees who did not actually use their professional licenses nor was professional education a prerequisite to hold their positions and successfully recovered unpaid overtime for such improperly salaried "professional" employees. I have also successfully represented employees whose employers failed to designate regular workweeks making it impossible to determine how many overtime hours those employees actually worked and recovered unpaid overtime for such employees. But none of those claims were frivolous or vexatious. Why? Because each one was supported by documentation from several sources including pay stubs, handbooks, emails, texts, memos, etc..., not to mention extensive legal research for each claim. Filing or pursuing a lawsuit on a hunch or suspicion is never recommended. Those can result in assessments of fees or costs or even sanctions against attorneys. At the very least a lawsuit not supported by a plausible theory, including caselaw, can cost filing fees and service of process costs if the claim is summarily dismissed. Best option would be to retain an employment lawyer to make sure your "disagreement" is supported by a good faith legal argument. We all see what happens to even lawyers who choose not to do so.
Answered on Jul 11th, 2021 at 11:05 AM

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