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Employer pay New York

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  • Employer pay New York

    My employer seems to round down to the scheduale- not what is really worked. There is not such thing as a policy, since they are a small owner run company. I have told her that I will not stay beyond my scheduale unless I am paid. I have learned that this small company is known for this- since employees in general seem to be wimpy about telling employers that they are wrong. I am not afraid and told them blunty that they can not do this. I am needed more then they are needed by me- remember this employees!!
    I work in a garden center- expectations of work level are unreal- even to the point when there is 90 degree heat to stop for water is barked at!! Do I have recourse with law to make them better employers- awaken them, so to speak?? To treat your employees like they are your work horses seems , if not illegal, callous and cruel and abusive.[ by the way all the employees are women, expected to lift any amount of weight, spoken to in very abusive tones] Any suggestions beyond quitting?

  • #2
    Assuming you are a non-exempt employee, you must be paid for all the time you actually work, whether it was scheduled time or not (however, you can be fired for refusing to work beyond your scheduled time). If you work any time that the employer refuses to pay for, you can file a complaint with your state DOL.

    Beyond that, however, you're pretty much out of luck. No law requires your employer to treat you kindly or places limits on what you can be asked to do.
    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
      Thank you!

      Many thanks for your answers!! I have food for thought now. I guess I am still in shock that in 2006 the employee is still under the "HE WHO HAS THE GOLD" rule. I plan to take this employer- while I am still there!!- to the public and tell how they are- perfectly legal since I am telling the truth about my experience. I am an advocate, of sorts, I guess.

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      • #4
        Just be aware that first, there's no guarantee that the media will be interested in what you have to say and secondly, that you have NO say in how the information is presented if they do. It may not work out the way you anticipate.
        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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