Can an employer in NY state dictate you must work 50 hours a week, 10 hours a day when you are a salary employee?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can an employer in NY state dictate you must work 50 hours a week, 10 hours a day when you are a salary employee?
All of the information within the firm policies speak to a 40 hour work week, 9am-5pm, however it can be changed at discretion of the manager. Can they do this?
Asked on May 3, 2016 under Employment Labor Law, New York
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Most employment relationship as are known as "at will". This means that an employer can set the conditions of the workplace much as it sees fit. This includes how many hours an employee can be scheduled to work. This is true so long as such action does not violate the termof an employment contract, union agreement or company policy. Additionally, an employee's treratment cannot constitute any form of legally actionablr discrimination. As for OT pay, only non-exempt employees are entitled to such pay and, typically, salaried employees are exempt from OT laws.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Yes, they can do this: an employer has complete discretion to set hours and to have employees work *any* number of hours (you can be required to work 80, 90, 100, or more hours per week), so long as there is no employment contract to the contrary. Furthermore, if you are salaried, they don't need to pay you any extra for the extra hours: your weekly salary covers all hours worked that week.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.