Why would an employer pay you for 30 hours on the books, and 10 hours off?
What is he depriving his employees of? Or, rather, what is he benefitting?
Is it true that in NY you must have Full-time benefits if you work over 35 hours a week?
To questions 1 and 2, we have no idea, particularly with no fact to go on.
To question 3, no, there is no truth to that whatsoever. Employers in NY (or in any state except HI) have no obligation to provide benefits at all, no matter how many hours the employee works.
The employer owns a few buildings in Manhattan and employs 6-10 men as electricians, builders, plumbers etc.
He pays all of them 30 hours on the books and 10 hours off. The employees have asked him to put them on the books for all 40 hours but he refuses. Any idea why he would do that?
04-13-2006, 11:05 AM
Sure, he's avoiding his portion of employment taxes. And it's illegal, unless there's a lot more to this story than you're telling us.
Just what I was coming back to say.
However, just for clarification, even if he were to pay you the full 40 hours on the books (which he most definitely should be doing) he would still not be under any legal obligation to provide holidays, sick time, vacation, health benefits, or any other benefit. With the one sole exception I already mentioned (in HI, full time employees must be offered health insurance) no state requires any private employer to provide any benefits whatsoever, regardless of how many hours are worked. While there may be certain penalties for not providing them (for example, if the employer does not provide sick days they cannot dock EXEMPT employees for calling in sick; a new law in my state requires employers who do not provide health insurance to pay a tax for every uninsured employee) such benefits are still optional. There are no benefits in your state that you would be entitled to by his paying the 40 hours on the books.
Nonetheless, he is in violation of the law by not paying employment taxes on the full 40 hours.
Just for clarification, do you mean that if the employer does not offer health insurance, he must pay for sick days? Thank you for all your help, I really appreciate it.
No, that's not at all what I'm saying.
There are NO circumstances in which your employer is legally required to offer health insurance. The ONLY state where health insurance is required by law is Hawaii. Whether he does or does not offer sick days is immaterial to the issue of health insurance. It's his choice whether to offer it or not; he cannot be compelled to.
For exempt employees ONLY, if the employee does not offer sick days, the employer has to pay you for any time that you miss because of illness - an exempt employee cannot have his salary docked for missing time due to illness UNLESS the employer offers paid sick days and the employee has either used them all up or is not yet eligible for them.
An employer does not need to pay a non-exempt employee for time missed for any reason (with two state-specific exceptions, only one of which applies in NY). If you are non-exempt (paid hourly) then the law does not require that you be paid for time you do not work, regardless of the reason you did not work it. If you are ill and miss work, your employer does not have to pay you for it.
Who are exempt employees? Or, where can I find out who exempt employees are?
The job I am referring to is a building construction worker.
It is extremely unlikely that a building construction worker is exempt.
Exempt means exempt from overtime. Exempt employees include some supervisors, managers, high level employees. It is determined by your job duties, not your job title.
With a VERY few exceptions, if you are paid hourly, you are non-exempt.