Is Overtime for Jrs (law in NYC) a blessing and a curse?

I’m in talks about a promotion and looks like I’m taking a pay cut to become a AD.

Curious if anyone else has had a similar experience?

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I’m a junior and there is no such law. We’re not obligated to get overtime.

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By the end of this year, anyone making under 58k legally gets overtime- its been increasing every year

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I believe creative is actually exempt from the overtime state labor law as its “original and creative in a recognized field and produces a result that depends primarily on the talent of the employee”(google- Labor.NY.gov)

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Wow, following

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Can you tell me about this law?

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@OM1, apparently there is. If your title states Jr. they have to pay. If they’re not paying, they can’t force you to stay and they’re opening themselves to a law suit.

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When I got promoted to mid I had the same thing happen to me. Went back and said I'm honored but this isn't going to work because I'll be making less money. Pull your stubs/numbers together and actually show them the math. Once I did that they pushed it back up the ladder and gave me another 5k.

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@SC1 Thanks for this ! Pulling stubs now and getting a plan of action together. Having a meeting with management on Friday so perfect timing.

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I had to take a pay cut coming from a different industry that paid overtime, even though this new salary paid me significantly more. You should definitely try to use that to negotiate your new salary if promoted since that is what your takehome nets out to

What’s the annual wage to be eligible for overtime?

Ask for more. You shouldn’t get a pay cut for a promotion. Specially in the same business. Is is the same agency?

Getting paid for your time (extra or not) is what the standard should be in this fucking industry. Agencies don’t care about you. The least you should do is get their money.

At my last job as a jr I made overtime and I felt like my boss would use it as an excuse to stick me with all the late nights... “but you’ll make some money!”...and just like you when talks of a promotion came up the new salary was several thousand lower than what I’d made with OT. I was then denied the promotion because my boss didn’t want to “take away my overtime”...I left shortly thereafter. A friend who stayed told me her new promotion, when all said and done, was a $7,000 pay cut. She was told the firm’s reputation was strong and this was a rite of passage and she should be grateful to have the company on her resume. She also left shortly after.

@OM1 are you in NYC? I was told during the hiring process that they had to give me OT based on me being a Jr, as my base wage was under the laws minimum (55k) at the time. Have several jr friends that are also making OT at shops around the city.

@UED1 Luckily for me my boss really is behind me on trying to get as close as I can to what my take home is now. But I have considered just taking the promotion, finishing out the few big projects I’m working on and the leave and look for a salary bump with a move.

Im hoping I can get close to 7k difference, it’s looking more like 15k+

@OP Yes I’m in NYC but I make more than the minimum that’s described above

@OM1 ahhh, makes sense!

That’s not law in NYC. That law never went through that those who make under $47K need to make overtime. Some companies decided to do it anyway ahead of the curve.

Are there other benefits like vacation time that come with the promotion?

@MD1 A couple more vacation days than I have now. Not much more responsibility as I’ve been acting as an AD for a while now. But really it’s just the title bump that’s the big benefit.

My partner (a jr) is pulling in fat OT. He has easily been pulling in an extra $2k-3.5k/month on top of his 55k/yr salary. I make $60k but don't get OT because I'm technically a mid level. I'm at a big agency in NYC, btw.

It’s a newer law in nyc, believe it just went into effect a year ago or so.

Also, you could be worse off: I have a friend that’s a junior creative at a big shop making below the salary/Minimum wage/OT threshold and works many many more hours over 40 every week. Instead of giving him the OT he should have earned, they ~graciously~ gifted him a ~$5,000 end of year bonus to bump him up to the threshold, and therefore negating their need to pay him overtime.

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