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Day of Rest, New York

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  • Day of Rest, New York

    My employer has scheduled me 12 consecutive days in a row. Now, on either end of these 12 day are at least one day off, so if split it into two consecutive six-day periods, I would still have one day off for each of the seven-days.

    The NY State laws that I was able to find online seem ambiguous as to whether the 24 hours rest for every seven work days starts when the seven work day starts or whether it applies to any seven-day period one could divide up.

    My employer has scheduled me for ten consecutive work days in a row previously, and 12 just seems ridiculous. Am I entitled to a break?
    Last edited by fostermervic; 09-12-2009, 08:21 AM.

  • #2
    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.


    Last modified: July 30, 2006
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

    Comment


    • #3
      I might just go ahead & add this:
      § 169. One day of rest for certain state employees. Every person
      employed by the state, upon its canal system in the maintenance or
      operation of bridges, locks or other works or structures which are part
      of such system, shall be allowed and permitted a period of at least
      twenty-four consecutive hours of rest in each calendar week. No person
      shall, by reason of the provisions of this section, receive any
      reduction in the total weekly compensation paid him.


      Last modified: July 30, 2006
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

      Comment


      • #4
        New York --Can your employer require you to work 7 days consecutively? Yes.

        If we do work both days of the weekend, it will be 12 consecutive days.

        Legal.
        Week one: off Sunday, work Monday, Tuesday, Wednesday, Thursday, Friday, Saturday

        Week two: Work Sunday, Monday, Tuesday, Wednesday, Thursday, Friday, off Saturday

        You are still getting off at least twenty-four consecutive hours of rest in each calendar week.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

        Comment


        • #5
          Thank you for the quick reply.

          My schedule actually goes like this:

          Work: Sunday-Mon-Tues-Wed-Thurs-Fri-Sat-Sun-Mon-Tues-Wed-Thurs Off: Friday. The first day off was actually the saturday before the first Sunday of the 12-day period.

          Our company (I work in retail, btw) creates schedules from Saturday to Friday. Since "Calendar week" generally refers to a Sunday through Saturday week, does this change things? Or can the "calendar week" specified in the law be applied to any week-long period the employer uses to schedule?

          Comment


          • #6
            There is no law mandating that your employer use a Sunday through Saturday week. Any consistant seven-day period is a calendar week. They could use Wednesday through Tuesday and as long as they were consistant, it would be legal.
            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.

            Comment

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