Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Is this legal?

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Is this legal?

    Just one quick question - I work in a retail store and the manager has me scheduled to work 11 consecutive days. Is this legal? I thought it was illegal in NY to make an employee work for more than 7 consecutive days.

    Every other employee is working 4 or 5 consecutive days and has 3 or 2 days off so I feel this is very unfair on my part. The manager seems to be mad at me because someone quit without notice and I didn't cover that persons hours (I am in college & had to attend my classes). I worked the days I was scheduled and every day after that -- they called asking me to come in but I wasn't available. I came back to work on my scheduled day & the manager seemed to be a little mad/angry at me. He told me to check the schedule whenever I get a chance. I noticed the schedule for this week and next week was changed and I was listed to work 11 days in a row...

    I'm not paranoid but I can't help but wonder if this was done on purpose.

  • #2
    It could have been, but even if it was, it is not illegal.

    Now, having said that, I found a reference to the state DOL enforcing "day of rest regulations where applicable", but I could not locate the conditions under which the day of rest is required. I'm guessing it may just be for the purpose of public safety, such as for airline pilots, train engineers, etc. You can call the state Dept. of Labor to inquire for sure, but I doubt it would apply to employees of retail establishments.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

    Comment


    • #3
      It is my understanding that you must be compensated at time and a half for any and all hours worked over 40 hours in a 7 day work week.

      With that said, you should be at least compensated for it

      Comment


      • #4
        This may be good news for you

        ONE DAY REST IN SEVEN: With certain specified exceptions, most employers are required to permit manual employees at least one day, defined as a consecutive twenty-four hour period, off each week. Exceptions exist for small dairy industry employers, continuous manufacturing operations, seasonal resorts and employers who have obtained a variance from the Commissioner of Labor.


        http://www.oag.state.ny.us/workplace/employer.html#rest
        Last edited by NotSprintNextel; 10-11-2006, 04:54 PM.

        Comment


        • #5
          This would still allow 11 consecutive days.

          Week one, you get Sunday off. Monday through Saturday are worked (6 days). Then Sunday through Friday is worked (6 days) with Saturday off.

          Each week has a day off, but there are 12 in between.
          Not everything that makes you mad, sad or uncomfortable is legally actionable.

          I am not now nor ever was an attorney.

          Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

          Comment


          • #6
            cyjeff is correct!

            It's not 7 consecutive days. It's 1-in-7 for each workweek. As long as you have at least one day off per week, the 1-in-7 rule has been satisfied. This is assuming that you are employed with a firm that is not exempt from these rules.

            Comment


            • #7
              Robb, you need not sound so surprised.... I am right sometimes.

              Even a blind pig finds an acorn once in a while...
              Not everything that makes you mad, sad or uncomfortable is legally actionable.

              I am not now nor ever was an attorney.

              Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

              Comment


              • #8
                Originally posted by cyjeff View Post
                Robb, you need not sound so surprised.... I am right sometimes.

                Even a blind pig finds an acorn once in a while...
                I just enjoy hearing your witty replies. And I'm not disappointed this time either.

                Comment


                • #9
                  I am not witty... just Southern.

                  We cannot talk without the aid of cliche....

                  Why, that would take all the beauty out of our language... make it "ugly enough to make a train take a dirt road".
                  Not everything that makes you mad, sad or uncomfortable is legally actionable.

                  I am not now nor ever was an attorney.

                  Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

                  Comment


                  • #10
                    Originally posted by cyjeff View Post
                    I am not witty... just Southern.

                    We cannot talk without the aid of cliche....

                    Why, that would take all the beauty out of our language... make it "ugly enough to make a train take a dirt road".
                    I grew up in South Carolina. I had a neighbor that loved saying "dead dogs don't bite". I never really understand her point, but it stuck with me after all these years.

                    Comment


                    • #11
                      Most southern expressions are just to confuse Yankees... they really don't mean anything.

                      Heck, they really think that "Yee Haw" is an actual expression of intense delight.
                      Not everything that makes you mad, sad or uncomfortable is legally actionable.

                      I am not now nor ever was an attorney.

                      Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

                      Comment


                      • #12
                        Jasmine,

                        I would call NYS Dept. of Labor and get clarification on that for it appears to be a matter of interpretation.

                        Comment


                        • #13
                          Well, I interpret it the same way as cyjeff and robb71.
                          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                          Comment


                          • #14
                            Originally posted by Pattymd View Post
                            Well, I interpret it the same way as cyjeff and robb71.
                            Most of us do.

                            There is nothing in the law that shows it must be a set date. So, technically, an employee could have a day off, work twelve days and have another day off.
                            Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

                            Comment


                            • #15
                              I agree. But I would never tell someone NOT to check with the DOL. If it will make the poster (and our notwirelesscarrier heckler) feel better to hear it from them, by all means, go ahead.
                              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

                              The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
                              Working...
                              X