Are you aware of what exemption they are claiming for you?  The DOL regs may exempt you based on the I.T. exemption.  It may be very fact specific and I would like to discuss with you whether you are properly classified as exempt or not.  Also, New York Wage and Hour Law allows you to recoup 6 years of pay if you are missclassified. My firm has experience in litigating these matters for individuals and as a class action.  Please call us 24/7 at (800) 910-0529 or email jasontbrown@bbpc-law.com and we can conduct a free confidential consultation to see if we can assist.

Some employees are exempt from the federal overtime pay provisions. Exemptions that may apply to you include computer professionals that are paid at least $27.63 per hour and executives, administrative and professional employees who are paid on a salary basis.

Keep in mind that the employer has the burden of proving the exemption. Furthermore, exemptions are usually applied on an individual workweek basis. So if you perform exempt and non-exempt duties in the same workweek, you will not be an exempt employee.

New York follows the federal exemptions but requires that the exempt employees receive at least one and one-half times the minimum rate of $7.15 for their overtime hours.

You and your fellow employees may want to consult an attorney in your area who specializes in employment law. After reviewing all the facts of your case, the attorney can determine what your legal options are.

The fact that you are paid on a salary basis does not, by itself, make you exempt from overtime requirements. The fact that you are paid a salary and it's level means that you *may* be exempt, if you otherwise meet the criteria for one of the exempt categories.

You are almost certainly not an exempt "learned" professional, since that is usually those like lawyeres, engineers, doctors, etc. with advanced educational degrees, who use that education in their job. Unless you manage at least 2 others and that's a significant part of your job, you would not qualify for the executive exemption. Depending on your job responsibilities, you might be an exempt computer professional or exempt administrative employee. Here's a link to DOL summaries of the exemptions--you should take a look and see if any apply: http://www.dol.gov/whd/regs/compliance/fairpay/fact_exemption.htm

If you are not exempt, you should  be paid for all hours worked, including overtime.

NYS follows essentially the same rules as the federal exemptions.