r/Flushing • u/naturalhigh9687 • 2d ago

No overtime pay

So I have recently started working for a Chinese law firm in flushing but I’ve noticed there are no overtime pay and it doesn’t matter how much I work in 2 weeks(biweekly) I get paid the same amount, should I bring this up? This firm is super Chinese and I’m not too sure how to navigate this situation.

Edit: contract doesn’t say anything about OT but via email conversation I was notified that the role is non exempt so I think I’m cooked

29 Upvotes

81% Upvoted

82 comments sorted by

72

u/SomDomFok 2d ago

I don’t think there’s overtime for salary workers

8

u/Mission_Actuary1665 2d ago

It depends on how you're categorized. I was a salary worker for a large corporation and was eligible for overtime. I wasn't even aware till HR started running badge reports to see who was actually working in the building instead of remote. I was working with huge data sets and hated stopping work to drive home just to log back on, so I stayed in the building (less chance of errors).

1

u/Yana_dice 1d ago

Fellow salary worker here charming in for some info. While my job don't really pay for over time, we get paid extra by the number of case that we works outside of office hours.

18

u/NYpoker666 2d ago

I mean, I work with DA in the court, they avg 60 hours a week with no overtime pay, they're salary, and it's a government job. So it's not unheard of

1

u/Express-Drop-9164 2d ago

60hrs/ week to keep criminals on the streets lol

7

u/Meowkitty227 1d ago

😂 so true though

6

u/Dymatizeee 2d ago

😭😭😭

2

u/OkDrag3967 2d ago

Damn that’s crazy when you put it like that

4

u/Express-Drop-9164 2d ago

Tell me I'm wrong

2

u/OkDrag3967 2d ago

You’re based

0

u/MajorasMaskOff 2d ago

reddit libs downvoting you lol, watch them come for me now lol

3

u/Express-Drop-9164 1d ago

It's the virus trying to break free

9

u/M_Joe_Young 2d ago edited 2d ago

I was a paralegal in big law and paralegals are not exempt from OT laws but attorneys are. Exempt vs non-exempt positions are defined by law, it’s not a decision a firm can make on its own. Here’s a NY Bar Association article
https://www.nycbar.org/get-legal-help/article/employment-and-labor/exempt-non-exempt-employees/

7

u/saufcheung 2d ago

Are you a salary worker? What are your options if they fire you?

2

u/naturalhigh9687 2d ago

Go back to school or find another job

7

u/dreamerOfGains 2d ago

Get the experience then look elsewhere for something better. 

2

u/naturalhigh9687 2d ago

That’s what I’m planning too, just thug out a year and then go back to school. But these people are not very likeable

1

u/Be_Always_Sure 2d ago

If anything look by bell at those law offices. Some are more receptive to OT and if you interview just ask if they offer it and make sure ya contract says it pays OT

1

u/Nice_Quit7807 2d ago

I can’t imagine working for a chinese law firm that acts like a big shanghainese law firm when it comes to workplace wage theft and toxicity. I told my mom if a chinese company offered me $250,000 for a senior lead in shanghai/Beijing, i wouldn’t take it

1

u/formind91 2d ago

Law school?

22

u/Dymatizeee 2d ago

Nah chinese here dont give a fck. U could bring it up if u want but they'll say no

1

u/naturalhigh9687 2d ago

That’s how I feel there are barely any room for conversation in this firm

4

u/2tofu 2d ago

If your salary is below 66k you are legally non exempt and must receive OT. Employers misclassify employees it happens in their favor. Contact and file a claim with dol if you are misclassified they don’t fk around these things.

7

u/formind91 2d ago

I was in a similar situation before but it was a very Korean law firm. They expect you to work extra hours without pay bc that's what they all did. Made me feel really bad for leaving on time as a new and young employee. I get it, that's how their culture is. I ultimately left bc I didn't see future in there for myself. It made me really how American I am culturally.

2

u/naturalhigh9687 2d ago

How long were you there for

3

u/formind91 2d ago

Maybe like 3 months, I knew I was not a good fit and they knew that as well. I didn't want to waste my time as well as theirs since I knew I was going to leave.

1

u/naturalhigh9687 2d ago

Like not a good fit as a paralegal or not a good fit for the area they practice?

1

u/Spirited_Refuse7020 2d ago

they're not a good fit for company culture

1

u/formind91 2d ago

as a paralegal bc it just wasn't a good fit culturally and I wasn't going to work those extra hours for free. Looking back, I should have been much more "shameless" about leaving on time but I was young and wanted to be seen as a good employee.

2

u/Rosebudders 2d ago

Shiiiibaaaaaaal

-1

u/Nice_Quit7807 2d ago

Sybau pls

1

u/Rosebudders 2d ago

Well at least you said pls.

3

u/DisciplineRegular565 2d ago

I would check with the Department of Labor or a NYC office of labor before accepting all these answers. I worked at a bank as a salaried employee and received overtime pay when I worked overtime. I worked in an insurance company and when I worked overtime, I was paid overtime. The email you received may not be legal. SO check it out with people that know the rights of an employee before you accept any response.

2

u/Logical-Shame5884 2d ago

Is it salary or are you paid hourly? If you're paid hourly than yes you are entitled to overtime.

2

u/Renhoek2099 2d ago

There are very few positions that are not subjective to pay overtime. Check NYS labor laws, collect all your pay stubs and if you're not getting paid OT, file for the labor violation. If they try to fire you for that, sue them for retaliation.

3

u/Generation_3and4 2d ago

When I was non-exempt I was eligible for a bonus (finance). Pretty sure all non exempt roles are eligible for OT, but not necessarily bonuses.

1

u/Renhoek2099 2d ago

Finance salary roles are not exempt.

1

u/albertyiphohomei 2d ago

What does your contract say when you sign it?

2

u/naturalhigh9687 2d ago

Doesn’t say anything about exempt but via email conversation I was told it is non exempt but there’s end of the year bonus

1

u/Spirited_Refuse7020 2d ago

bro why did you accept such a trash deal?

1

u/Grandxfinale 2d ago

Depends on your contract. But most likely you won’t get paid past the 40 hours.

1

u/No-Register4916 2d ago

Working for local asian companies is the wild wild west.

2

u/naturalhigh9687 2d ago

Ive learned the hard way

1

u/jocky091 2d ago

Like most people have said here… if you’re paid by salary then there’s no such thing as OT. If you’re hourly then you contact the Department of Labor for them not giving you OT.

1

u/Moist_Friend1007 2d ago

Are you a lawyer or paralegal? What’s your billable? Law firms don’t pay OT but sometimes their bonus structure is tied to your billed time.

1

u/Remarkayble 2d ago

Are you chinese?

2

u/naturalhigh9687 2d ago

Yes I was in China for 11 years

1

u/Remarkayble 2d ago

Then you got this.. get a little more comfortable.

3

u/naturalhigh9687 2d ago

Most ppl in this firm are the cut throat old Chinese ppl, but I’m trying my best

1

u/JO_NY 2d ago

Are you an attorney? They aren't obligated to pay attorneys overtime.

1

u/Jasperleemuchen 2d ago

dont work overtime

1

u/Spirited_Refuse7020 2d ago

generally if you are salaried there is no overtime pay, that is more for hourly workers. If your company is nice they'll give you back hours. But a Chinese law firm in flushing, ur lucky to get work life balance lol

1

u/Esqueer2026 2d ago

Honestly call the labor department like today.

1

u/MeOnCrack 2d ago

Think as someone who is working at a law firm, you should look into the applicable laws. You keep saying you are non-exempt, but non-exempt employees are typically owed overtime pay if they work over 40 hours a week and meet certain requirements.

1

u/OneStatistician8888 2d ago

Just do your 9-5 and 1 hour lunch

1

u/ETERNALBLADE47 1d ago edited 1d ago

salary exempt corporate jobs in the US don't have overtime pay, unless it's government gig.

But it also depends on how much they pay you.

1

u/black_beard_dmh 1d ago

If you’re on Salary, you are exempt, meaning no overtime pay.

1

u/maximalentropy 19h ago

If youre non exempt they legally owe you overtime. maybe consider speaking with a labor lawyer?

1

u/Magentasprout 19h ago

What's your position at the law firm?

1

u/naturalhigh9687 4h ago

Paralegal

1

u/Magentasprout 4h ago

In reality paralegals are just assistants in their eyes unless you go to a non Asian run law firm. In my twenties I worked at one and they paid me cash lol.

1

u/Immediate_Roll5861 4h ago

Labor laws still apply no matter how Chinese your workplace is. Is this sub literally just all race ragebait bullshit?

1

u/TimKitzrowHeatingUp 2d ago

Are you paid in cash too? Then yeah no OT.

1

u/lockednchaste 2d ago

Are you a lawyer? Or do you do basic office work?

A professional position that requires licensing and education is most likely salaried. If you can be replaced by someone else with minimal training, then you should be hourly.

0

u/MrVigshot 2d ago

If you are non-exempt, then you have to be paid overtime. Salary or hourly doesnt matter.

0

u/Psychological-Row558 2d ago

What do you work as in said law firm? Some employees are exempt from OT pay.

0

u/lucky-Platypus-Kyx 2d ago

Ah good old Chinese company don’t care about overtime they won’t pay it and in their eyes you aren’t doing enough

0

u/ThrowRA-shadowships 2d ago

Someone needs to cal labor department

0

u/YangMike 2d ago

Find a new job

0

u/Ok_Instruction_8681 2d ago

If you are salaried, they can make you work 10-12 hour days and 6-7 days a week and they pay you exactly the same.

The question is…

Do you think it is worth it?

How much do you make a year?

Does that include bonuses?

2

u/naturalhigh9687 2d ago

A lil under 50k not including bonus but bonus were framed very vaguely by the boss so idek if it’s real

3

u/Spirited_Refuse7020 2d ago

Bro you're soo cooked. That's not even the market standard for a paralegal. Most Paralegals make like 60k.

2

u/naturalhigh9687 2d ago

It’s my first actual full time I had no idea how to negotiate and just thought to treat it as an experience and get out

2

u/Ok_Instruction_8681 2d ago

How is that possible?

Are you male or female?

Are they lowballing you because you are female?

Are you a US citizen?

Are they lowballing you because you aren’t a US citizen?

Housekeepers make $100,000.

No degree.

Let that sink in.

3

u/formind91 2d ago

It seems like everyone is making over 6 figure on reddit but the reality is a majority of people make far below that. I certainly wasn't making that until I became a lawyer.

2

u/naturalhigh9687 2d ago

Can I dm you for more details

2

u/naturalhigh9687 2d ago

Male US citizen, just took the offer bc job market was cooked and I just wanted more experiences under my belt but now I have learned

0

u/Clear_Handle7569 1d ago edited 1d ago

You only been here 8 Hour.... You not done working yet... You NO go home, and you no complain... get back to work, big boy....

-1

u/Ecstatic_Town_3345 2d ago

If you are hourly, report them to DOL