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Thread: can an employer really make a salaried employee work a 16 hour day?? New York

  1. #1

    Default can an employer really make a salaried employee work a 16 hour day?? New York

    Hi . I have asked this before but am wondering if husband should take another tact. He has been working for an employer since february - restaurant biz, as the GM. Co is having a hard time recruiting staff to asst him and this is a busy season for them.

    He is going in at 11 am and coming home at 1:30 am...6 sometimes 7 days a week. The regional person asked to have a meeting of all staff in teh morning at 11 am, and he asked if it could be at 2 pm, stating he and the staff would be closing late, and that he didn't want to work another 14 hour day 4 days in a row. Her response was, "that's nothing, you are going to be working 16 hour days.

    He is scheduled for some health tests b/c of some heart issues and I continue to be worried for his health - dr concurs this level of stress/work isn't good for him (he is 58 ). / so questions
    1) I am assuming an employer can treat him this way and he has no recourse (he is salaried, so no labor laws are being broken?? so if he quits - he won't get unemployment, nothing about working conditions???
    2) what does a dr need to write in order for him to be able to either 1) work less hours or 2) let him quit and get unemployment? ..he doesn t want to not work, just doesn't want to work all these hours.
    he is interviewing for other jobs so hopefully he can just leave, and he is not one to "not work" either,

    any advice, ideas?? thanks

  2. #2
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    1) I am assuming an employer can treat him this way and he has no recourse (he is salaried, so no labor laws are being broken?? so if he quits - he won't get unemployment, nothing about working conditions???
    2) what does a dr need to write in order for him to be able to either 1) work less hours or 2) let him quit and get unemployment? ..he doesn t want to not work, just doesn't want to work all these hours.
    he is interviewing for other jobs so hopefully he can just leave, and he is not one to "not work" either,

    any advice, ideas?? thanks
    Unless Im mistaken,
    Yeah, they pretty much can,
    as long as his salary divided by the hours worked comes out to at least minimum wage. If it doesnt, then he should ask for a raise.
    A Doctor can write what ever he wants in a letter but an employer in under no obligation to follow it.

    Advice,?
    Don't quit.
    The state will determine whether or not he gets UI.
    If he quits, the chances of getting UI will be somewhere around zero to zip

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  3. #3
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    You said your husband is salaried. If he is salaried exempt, he would get no
    additional pay over his regular weekly fixed salary no matter how many hrs.
    he works.

    Yes, it's legal to require him to work 16 hrs. a day.

    Re working 7 days a week - this is what NY says:

    New York:
    161. One day rest in seven. 1. Every employer operating a factory,
    mercantile establishment, hotel, restaurant, or freight or passenger
    elevator in any building or place shall, except as herein otherwise
    provided, allow every person employed in such establishment or in the
    care, custody or operation of any such elevator, ***at least twenty-four
    consecutive hours of rest in any calendar week.*** Every employer operating
    a place in which motion pictures are shown shall allow the projectionist
    or operator of the motion picture machine and engineers and firemen
    therein at least twenty-four consecutive hours of rest in any calendar
    week. Every employer operating a place in which legitimate theatre
    productions such as dramatic and musical productions are shown or
    exhibited shall allow all employees, including the performers in the
    cast therein and engineers and firemen, at least twenty-four consecutive
    hours of rest in each and every calendar week, but this shall not apply
    to any place wherein motion pictures, vaudeville or incidental stage
    presentations or a combination thereof are regularly given throughout
    the week as the established policy of such place; except that engineers
    and firemen employed in such place shall be allowed at least twenty-four
    consecutive hours of rest in any calendar week. No employer shall
    operate such establishment, place or elevator on Sunday unless he shall
    comply with subdivision three. This section does not authorize any work
    on Sunday not permitted now or hereafter by law.
    Every owner, lessee and operator of a dwelling, apartment, loft and
    office building, garage, storage place and building, wherein or whereat
    a watchman or watchmen or engineer or fireman are employed, shall allow
    such person or persons so employed at least twenty-four consecutive
    hours of rest in each and every calendar week.
    Every owner, lessee or operator of a warehouse, storagehouse, office,
    dwelling, apartment, loft and any other building or structure wherein a
    janitor, superintendent, supervisor or manager or engineer or fireman is
    employed, shall allow such person or persons so employed at least
    twenty-four consecutive hours of rest in each and every calendar week.
    2. This section shall not apply to:
    a. Foreman in charge;
    b. Employees in dairies, creameries, milk condenseries, milk powder
    factories, milk sugar factories, milk shipping stations, butter and
    cheese factories, ice cream manufacturing plants and milk bottling
    plants, where not more than seven persons are employed;
    c. Employees, if the board in its discretion approves, engaged in an
    industrial or manufacturing process necessarily continuous, in which no
    employee is permitted to work more than eight hours in any calendar day;
    d. Employees whose duties include not more than three hours' work on
    Sunday in setting sponges in bakeries, caring for live animals,
    maintaining fires, or making necessary repairs to boilers or machinery.
    e. Employees in resort or seasonal hotels and restaurants in rural
    communities and in cities and villages having a population of less than
    fifteen thousand inhabitants, excluding that portion of the population
    of a third class city residing outside of its corporation tax district
    where such city embraces the entire area of a former township. As used
    in this subdivision, the term "resort" shall apply to any establishment
    enumerated herein which operates for not more than four calendar months
    and fifteen days in each year, and the term "seasonal" shall apply to
    any establishment enumerated herein in which the number of employees is
    increased by at least one hundred per cent from the slack to the busiest
    season.
    f. Employees in dry dock plants engaged in making repairs to ships.
    3. Before operating on Sunday, every employer shall designate a day of
    rest, consisting of at least twenty-four consecutive hours of rest in
    each and every calendar week for each employee, and shall notify each
    employee in advance of his or her designated day of rest. No employee
    shall be permitted to work on his designated day of rest.
    4. Every employer shall keep a time book showing the names and
    addresses of his employees and the hours worked by each of them in each
    day.
    5. If there shall be practical difficulties or unnecessary hardship in
    carrying out the provisions of this section or the rules promulgated
    hereunder, the commissioner may make a variation therefrom if the spirit
    of the act be observed and substantial justice done. Such variation
    shall describe the conditions under which it shall be permitted and
    shall apply to substantially similar conditions. A properly indexed
    record of variations shall be kept by the department. Each application
    for a variation shall be accompanied by a non-refundable fee of forty
    dollars.
    6. In case of violation of any of the provisions of this section, the
    commissioner shall issue an order directing compliance therewith, and
    upon failure so to comply shall commence a prosecution as provided by
    law.
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  4. #4

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    so, "doc" : even if a dr states that an employee has health restrictions requiring him to work a reduced schedule, it won't matter? that doesn't seem right to me: if i have an employee who is pregnant, or who broke their leg, i would make concessions or if i didn't and fired them, i would think theyd' be entitled at that point to unemployment b/c they are unable to do their job through no fault of their own...am i not correct in my assumption ? If my husband has a heart condition that is exacerbated by working 14 hour days 6 days a week ,under stress, and the dr tells him not to, would he not have grounds for quitting his job if his employer disregarded the dr' s work restrictions? i was in HR for a while, and i thought i was pretty tough (but in compliance) with my hotel employees, but this would be ridiculous! thanks

  5. #5
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    The doctor's "restrictions" only mean anything legally if there is a specific law that says the employer has to pay attention to what the doctor says. There is no general rule or law that says doctor's opinion's are somehow legally binding on employers. This is something I know a little about, but only a little. There is a federal law called FMLA, but that is related to employee absences due to the employee's or the employee's family medical conditions. Which does not seem to be the issue here. ADA (American's with Disability Act) is maybe a possibility. Or not. This is not something that I am familar with on a detail level. There are other responders that know more about this then I do. But that is pretty much it at the federal level. NY is not my state, so I have no idea what rules (if any) they have. I understand that this is not what you want to hear.

    http://www.dol.gov/whd/fmla/

    http://www.ada.gov/
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