Announcement

Collapse
No announcement yet.

A few questions

Collapse
This topic is closed.
X
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • A few questions

    I work on base + commission. My base is $4/hour. I'm non-exempt.

    First, is there any requirement to be paid minimum wage during periods when the store is not open (and thus no opportunity to make any commission). I'm nearly certain that the answer is no, which is fine as I'm generally happy with my pay but I thought I'd ask.

    My second question concerns the following provisions outlined here:

    Every person employed for a period or shift of more than six hours starting between the hours of one o'clock in the afternoon and six o'clock in the morning, shall be allowed at least sixty minutes for a meal period when employed in or in connection with a factory, and forty-five minutes for a meal period when employed in or in connection with a mercantile or other establishment or occupation coming under the provision of this chapter, at a time midway between the beginning and end of such employment.
    Does this mean that if I begin a shift at 2:00 and work until 11 that I am entitled to take a break at 6? The 2 - 11 is nine hours, affording an hour for break. The question I'm asking regards my right as to when I take it.

    Every person employed for a period or shift starting before eleven o'clock in the morning and continuing later than seven o'clock in the evening shall be allowed an additional meal period of at least twenty minutes between five and seven o'clock in the evening.
    I'm often scheduled to work from 10 - 7. That shift includes cleaning up at the end of a Sunday, which often takes until 8:30 or so. Does the extra time provision apply to a shift that extends beyond 7, or does it apply only to the time that is on the schedule?

    Thanks in advance for any clarifications.

  • #2
    You ARE making the average of at least the NY minimum wage on a weekly basis, right?

    You are entitled to a meal period as the law says. Sounds like you would be allowed the extra 20 minutes for an additional meal (although working those hours, you probably wouldn't need one) when you work the hours you describe. It's not the scheduled hours, it's the actual work hours.

    I honestly don't know how strict NY law on meal periods is, between "allowed" or "entitled" to the meal periods vs. employer forcing the employee to take them.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

    Comment


    • #3
      Originally posted by Pattymd View Post
      You ARE making the average of at least the NY minimum wage on a weekly basis, right?

      You are entitled to a meal period as the law says. Sounds like you would be allowed the extra 20 minutes for an additional meal (although working those hours, you probably wouldn't need one) when you work the hours you describe. It's not the scheduled hours, it's the actual work hours.

      I honestly don't know how strict NY law on meal periods is, between "allowed" or "entitled" to the meal periods vs. employer forcing the employee to take them.
      I'm making plenty more than minimum wage, yes. It's just frustrating being there early or late knowing that I'm only pulling in $4/hr at the moment, you know?

      I usually don't need any extra break and I usually just take 15 minutes to go eat a sandwich; I'm just trying to figure out whether I'm entitled to the second break should I ever need one. For example, I worked 8 - 7 the other day and while I didn't take an extra break, I probably could have used an extra 20 minutes to recharge.

      Comment


      • #4
        Originally posted by z_space12 View Post
        I'm just trying to figure out whether I'm entitled to the second break should I ever need one. For example, I worked 8 - 7 the other day and while I didn't take an extra break, I probably could have used an extra 20 minutes to recharge.
        Looks like it to me.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

        Comment

        Working...
        X