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NEw to New York and need to know my rights New York

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  • NEw to New York and need to know my rights New York

    OK, so I had a pretty good handle on things back home in CT, but here in New York I am 100% in the dark in reguards to my rights. This is gonna read like a laundry list, so I appologise in advance lol

    Breaks - are they required to allow us to leave the building? Our coverage does not currently allow it as we are not allowed to have less than 2 people in the store at a time for security purposes

    If it is too busy for an employee to get a break of any kind, is it legal for the manager to edit thier timekeeping records to say that they did, thus docking employees for 1/2 hour of worked time?

    Is it legel for the manager to deny access to job applications to any interested applicants if there is a phone survey that they have to pass to be hired? He makes them take that first, and frankly doesnt give that to all interested parties either. And yes, we were hiring.

    How much notice is required for a schedule? We are never given more than 4 days notice, but are frequently given as little as 1 or 2 days notice of our upcoming work schedule.

    Gender bias! If an employee who happens to be the ONLYmale employee is constantly late, resulting in people having to stay late to cover and in the store opening a few minutes later than it should, but is never disciplined for it, is that legal? And if the lack of action is explained by saying that as a young man he matures slower than young women (we have a slightly younger woman on staff who is NEVER late and is ultra reliable) is that gender discrimination?

    Is there a limit to how many days an employee can be made to work in a row? some of us have done 9 in a row frequently, others have hit 10 and 11 with no day off in sight.

    How many days off a week is required?

    Is there a longer lunch period requirement for a 12+ hour shift than the usual 30 minutes?


    Thats all I can think off off of the top of my head at this point, but if I know my rights, I can demand them ye know? The NYDOL site is just not functioning for me today, it keeps directing me to the same unemployment benefits page grrr.

    THANK YOU in advance for any helpfull info!

  • #2
    Breaks - are they required to allow us to leave the building?

    Patty or DAW can correct me if I am wrong, but I do not believe NY is one of the very few states that prohibits an employer from requiring an employee to remain on the premises for an unpaid break. NO state requires the employer to let you leave the building for a paid break.

    If it is too busy for an employee to get a break of any kind, is it legal for the manager to edit thier timekeeping records to say that they did, thus docking employees for 1/2 hour of worked time?

    No. This is not legal in any state.

    Is it legel for the manager to deny access to job applications to any interested applicants if there is a phone survey that they have to pass to be hired? He makes them take that first, and frankly doesnt give that to all interested parties either. And yes, we were hiring.

    I'm not quite sure what you're asking. If all employees have to pass a phone survey first, he is not required to provide a job application to anyone who has not taken and passed the survey. Otherwise, it would depend on the basis for the refusal.

    How much notice is required for a schedule?

    None. NO state has any requirements regarding the timing of a schedule.

    Gender bias! If an employee who happens to be the ONLYmale employee is constantly late, resulting in people having to stay late to cover and in the store opening a few minutes later than it should, but is never disciplined for it, is that legal? And if the lack of action is explained by saying that as a young man he matures slower than young women (we have a slightly younger woman on staff who is NEVER late and is ultra reliable) is that gender discrimination?

    Maybe, but there is no possible way a message board can make a definite yes or no answer to that question.

    Is there a limit to how many days an employee can be made to work in a row? some of us have done 9 in a row frequently, others have hit 10 and 11 with no day off in sight.

    See the answer to the next question.

    How many days off a week is required?

    NY IS one of the very few states with a one day off per week requirement - FYI, NO state requires more than one day off a week. However, that does not mean that you have to have the same day off every week - i.e. every seventh day. It is legal for you to work up to 12 days in a row without violating the law. I do not have a copy of the law, or even a summary, meaning I do not know of any limitations or exceptions to the law. There may well be exceptions to this so before shouting "legal violation", discuss it with the state DOL.

    Is there a longer lunch period requirement for a 12+ hour shift than the usual 30 minutes?

    NY's break laws are without question the most complicated in the US; however, they are industry specific and are determined by the TIME the break starts and not by the length of the shift. You can find additional information here.

    http://www.labor.state.ny.us/workerp...rds/faq.shtm#7
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      You can get various employment law info from the N Y DOL website incl. a question & answer section.

      http://www.labor.state.ny.us//

      http://www.labor.state.ny.us/workerp...faq_front.shtm
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