NYS 1. total hours worked 2. final pay

[bobswat]

My name is jimmy, im 16 and im a high school student, I work for Belleayre Mountain, a ski resort run by NYS DEC, as a lift ticket seller. I have been working there for about a month. Yesterday after my ticket station closed my boss told me to go and work down at the rental shop, well by the time i got done working there, I had been working for 8 and a half hours. Can she make me do that? and my second question is, first checks are held for 5 weeks and then after we get laid off after the season is over, the next 5 weeks we get those checks. If I am fired before my first 5 weeks, must I still wait until april (end of the season) to get the paychecks owed to me ? Any help is appreciated

[cbg]

Your boss can require you to work anywhere she wants you to work, and unless your state specifically limits the number of hours you can work when school is not in session, there is nothing illegal about having you work 9.5 hours, either.

I'll let Patty address the rest of your question. Seasonal operations are exempt from many wage laws.

[bobswat]

nys does regulate the hours we are allowed to work, on the back of my working permit it says specifically that "a minor age 16 or 17 may not be employed for more than 8 hours a day"

[Pattymd]

Relative to the working time, theoretically you could file a complaint with the state Dept. of Labor for the additional time over 8 hours. However, for only 30 minutes, and unless it is happening regularly, I have to admit that there would probably be no more than a slap on the employer's hand and, at best, a small fine.

Relative to overtime, seasonal employers such as ski resorts and amusement parks ARE relieved of the requirement to pay nonexempt employees overtime when they work over 40 hours in a workweek.

In New York, employees must be paid at least twice per month, although their is no provision as to how long after the pay period ends that the check must be issued. Your employer IS in violation of this requirement, and you should contact the state DOL and file a complaint for unpaid wages. Seasonal employers are not exempt from this law.

[bobswat]

thank you guys very much

[cbg]

According to my chart (which I did not have to hand initially) a 16 year old in NY may work up to 10 hours a day when school is not in session. If that is still correct, your employer was legal.

[bobswat]

I do not believe your chart is correct, on the back of my working card (green) it states "Minors 16 and 17 year of age may not be employed, when school is not in session, more than 8 hours on any day"

haha did anyone else catch that spelling mistake?

minors 16 and 17 YEAR of age

haha sorry I just thought it was funny

[cbg]

Well, if you won't believe me, perhaps you'll believe the state. This comes directly from the state DOL website; take note of the special exceptions for resort areas.

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

[bobswat]

Minors - When School is NOT in Session
16 and 17 All occupations except farm work, newspaper carrier and street trades.

8 Hours(4)

right off the site...

4 This provision does not apply to minors employed in resort hotels or restaurants in resort areas.

i sell lift tickets, so 4 does not apply to me


I do believe you're wrong

[cbg]

Very well. But it makes me wonder why you bothered to ask the question at all, since you've made up your mind what the answer is and won't listen to any alternate theories.

[bobswat]

im sorry, you're right i did come here for help. Im totally willing to listen to what you have to say just paste the part youre talking about. sorry for being so closed minded to other's opinions.

[cbg]

It will depend on what your corporate setup is. But the exception I noted says "EMPLOYED BY" a resort etc. It doesn't put any limitations on what position you hold within the resort.