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Boss Is Exempting Me From Overtime, But I Don’t Think I Qualify For Exemption Under Nys Law

Location: New York State

I’m a hyperbaric technician in Westchester County NY. I am paid by the hour ($24/hr) and my schedule fluctuates anywhere from 30hrs - 50hrs per week. My boss told me that because I am a white collar employee paid hourly, that I am exempt from overtime. However, I was looking into federal/state labor laws, and if I’m interpreting them properly, I don’t believe I qualify for a professional exemption because I do not meet the salary basis test (I am not paid salary and can make less than the weekly threshold depending on schedule). ( Sources I'm using: https://www.dol.gov/agencies/whd/fact-sheets/17d-overtime-professional?utm_source=chatgpt.com & https://www.employerpass.com/employer-insights/new-york-overtime-law?hs_amp=true & https://www.nycbar.org/get-legal-help/article/employment-and-labor/exempt-non-exempt-employees/?amp )

I notified my boss about the laws and asked for clarification, and he doubled down and said to me again that I am not entitled to overtime because I’m paid by the hour and do clerical work, despite those pages contradicting his claims if I’m reading them correctly.

I guess what I’m asking for is a second opinion. Am I misinterpreting the law? Is my boss right about my exemption from overtime? Or am I right about the fact that I should be paid overtime? I'm like 95% sure I'm right I just need validation haha

submitted by /u/WeekendCharacter5183
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Boss Is Exempting Me From Overtime, But I Don’t Think I Qualify For Exemption Under Nys Law

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