It's not easy being a commercial driver, and the overtime laws don't help matters at all. Basically, if you are a delivery driver and ship goods in interstate commerce, you are not entitled to overtime. In fact, if you are distributing goods from a warehouse to outlets in the same state, but the goods themselves originated out of state, you are also not entitled to overtime.

Based on my experience, there are only three situations where commercial drivers may be able to demonstrate an entitlement to overtime. First, if your truck has a gross vehicle weight of less than 10,000 pounds, you will be eligible for overtime whether or not you haul goods in interstate commerce. Second, if the goods you haul are manufactured and distributed in a single state, you will be eligible for overtime. This is an uncommon occurrence, but not totally unforeseeable, especially in large states such as California. Third, if you ship goods in intrastate commerce, regardless of the size of your haul, from an intermediate in-state storage point and distribute the goods to local retail outlets without a "fixed and persisting transportation intent" to deliver to identifiable retail outlets from the time of shipment, you will qualify for overtime. In other words, if you deliver out-of-state goods from an in-state storage warehouse to a local retailer, you will qualify for overtime if no fixed destination existed from the out-of-state origin of the parts. For example, if you are a parts runner for an automobile sales franchise that requests replacement parts and sends you to retrieve them from a local warehouse, you will qualify for overtime compensation even if the parts originated from out-of-state and they were not intended for any dealership in particular.

Whew.

If you are a commercial driver and suspect you are getting the shaft, call for a free screening. The law is still very unclear and employers will likely exploit the ambiguity.

And how are theologians paid, anyway? When exactly is a theologian off the clock? Sounds like a tough case for an employer.

That is very unfair of course, but it is true.   An employee can be fired for any reason or no reason – even for wearing a Yankee hat.   There is no rule of fairness and cause is not needed.   People call our law firm everyday with crazy stories like that.   People seem to think that an employer needs cause to fire them.   Cause is not needed.  This is an “at-will” nation and you can lose your job for any reason or no reason.  

I just got off the phone with a man who was fired for an arbitrary reason.   It was unfair and he loved his job, but there was nothing illegal about his termination.  

This is not a matter of pocket change. Some generous employers allow for rollover of vacation days, and employees can accumulate a substantial reserve of accrued vacation days. I have a friend who made a down payment on an apartment with his accrued vacation cash out. Don’t leave any money on the table. Accrued vacation time should be the first benefit you seek in your severance payment negotiation, followed by any unpaid overtime wages.

If you are an employee in a law firm or medical office, don't expect a civil work environment simply because you work among the well-educated. The Blutos of the world, often blessed with social privilege and elite schooling, take their depravity into adulthood. In fact, there are plenty of professional offices which become small social clubs, like fraternities, centering on the same rituals of drinking and debauchery.

Sexual harassment involves the exploitation of power. Doctors' and lawyers' offices are not immune to these abuses.

The law is clear – an employee CANNOT waive his right to overtime pay.   If your company had you sign one of these overtime waivers then you are probably working for a sleazy company.   Ignore that waiver – burn it – it means nothing.   You have the right to overtime.  

Just so you know, we see these waivers all the time.  Companies do it a lot – why – it works.   Most employees get tricked into thinking that they do not have the right to overtime pay.   Pretty slimy.   Don’t fall for it. 

A salaried employee, like an hourly employee,  must be paid overtime unless they meet the test for exempt status as defined by federal and New York state laws.   So – the easy answer to this common question is that being paid a salary is not a factor.   Do not assume that you are not entitled to overtime pay just because you are paid a salary.   You may be entitled to overtime pay. 

What's the problem, anyway? Well, before the 2009 Amendments to the Americans with Disabilities Act, diabetics often slipped through gaps in the law that left them unprotected (i.e. diabetics were not considered disabled because they could entirely mitigate symptoms with medication). However, with the changes to the ADA, employers must now accomodate disabled employees regardless of the impact of mitigation measures (medication) on an employee's disabling condition.

Employers don't like accommodating diabetes in the workplace. I had a case where an employer told a diabetic employee that her diabetes was the result of her own poor lifestyle choices and refused to accommodate her. The most serious disability discrimination case I have ever seen involved a diabetic plaintiff - a graveyard shift employee pleaded with his employer for a daytime shift to accommodate his diabetic condition, and the employer refused. As a result, his diabetes worsened to the point where hospitalization was required.

If you have diabetes and believe you have been discriminated against, the EEOC has an extremely detailed fact sheet which outlines a disabled employee's rights under the ADA. If you have diabetes, expect hostility from your employer, and protect yourself from discrimination by clearly requesting accommodations necessitated by your condition in an email to your EEO officer or Human Resources representative.

An employer, however, can discipline an employee if he or she violates the employer's policy of working overtime without the required authorization.  So the bottom line is that you must be paid overtime even if your company did not approve it.   But, your company can discipline you for doing this.  

Hold your head high in an exit interview. Be forward and blunt, and be candid about discrimination, particularly sexual harassment. If you bring a lawsuit, your statements in your exit interview will be exhibit A. If you decide to play nice and fail to raise discrimination as a reason for leaving, you will lose a tremendous amount of credibility and face an uphill battle in court.

A company cannot fire, threaten to fire, demote, suspend or take any adverse action against an employee who engages in “protected activity.”   Some examples of "protected activity" under the Labor Code include:

1. Filing or threatening to file a claim or complaint with the Labor Department.
2. Taking time off from work to serve on a jury or appear as a witness in court.
3. Disclosing or discussing your wages.
4. Using or attempting to use sick leave to attend to the illness of a child, parent, spouse, domestic partner, or child of the domestic partner.
5. For complaining about safety or health conditions or practices.
6. Complaining about sex harassment or employment discrimination. 

She was amazed when I told her that there is no limit. The law does not provide any limit on how many hours a person can work in a day or a week. The only real regulation that controls are the overtime laws and these do not limit how long you work, it just provides for extra pay for long hours. Under the New York and Federal overtime rules, a person must be paid time and half for each hour worked in excess of 40 hours per week.