Can I file a complaint for overtime theft in NYC?

Hi all, I worked in a surgery center where they only offer ‘comp time’ instead of overtime pay. I’m a full-time salaried non-exempt medical assistant/front desk staff, and I know I’m eligible for overtime under state law. I’ve had multiple discussions with HR, but they insist that they don’t classify employees as exempt or non-exempt and just say, ‘We don’t do overtime here.’ I’m planning to file a complaint with the DOL, but they forced me to use my comp hours on days I didn’t choose. I’ve also used some comp days for personal reasons. Will this affect my complaint since I didn’t formally agree to the forced days off? I just went along with it. I want to make sure I can still claim my overtime pay. Thanks for any advice!

You should definitely file that complaint. Just because they forced you to use comp time doesn’t mean you lose your right to claim overtime.

Orion said:
You should definitely file that complaint. Just because they forced you to use comp time doesn’t mean you lose your right to claim overtime.

Yeah, exactly! They can’t just ignore labor laws because they have their own policies.

I think it’s important to document everything. Keep records of your hours and any communication with HR.

Nash said:
I think it’s important to document everything. Keep records of your hours and any communication with HR.

I’ve saved emails and notes from meetings. I’ll make sure to include those in my complaint.

You might also want to consult with a labor lawyer. They can give you specific advice based on your situation.

Joey said:
You might also want to consult with a labor lawyer. They can give you specific advice based on your situation.

Good idea! A lawyer can help you figure out if you have a strong case.

As long as you didn’t agree in writing, you should be fine. They can’t just force you into using comp time.

Dakota said:
As long as you didn’t agree in writing, you should be fine. They can’t just force you into using comp time.

That’s a relief to hear! I just want to make sure I’m covering all my bases.

Definitely file that complaint! The DOL should be able to help you understand your rights.