As a responsible New York employer, you’re required to know employment law inside out. This can seem like a tedious task.
And that’s why we’re here.
Today, we’re going to address two interrelated topics: Worker Wages and Hours.
Specifically, we want to focus on two commonly-asked questions:
Is there any limit on how long I can make an employee work?
Can I require my employees to work seven days a week?
The answers to these questions can be tricky.
Even though there’s no general legal limit – either in New York or under federal law – for how long an employer can require adults to work, non-exempt employees are entitled to overtime pay for any and all minutes that they work after 40 hours in a single work week.
Overtime Pay
As most know, it’s a rate of pay that’s one and a half times your regular rate of pay instead of the employee’s regular rate for hours worked after 40 in a work week. Practically speaking, if your employee makes $20/hour for her regular rate of pay, and she works 41 hours in a work week, that last hour is going to cost you $30, that is, time and one half. No way around it for non-exempt employees. It’s the law.
Exempt vs. Non-Exempt Employees
The idea of exempt versus non-exempt employees is a complicated one, as well. In general, most employees across the State are non-exempt employees. That means they get overtime pay.
Some employees, however, are exempt, and that means they don’t get an overtime rate after working 40 hours in a work week. But those types of employees are more rare, and in order to qualify as non-exempt, they must have certain job duties and experience/expertise and they must make a certain amount of money as their annual compensation, which amount varies depending on where they’re working across New York State.
Other Factors
The answer to how many hours an employee can be required to work also can vary depending on the type of business in which they’re working. For example, employees in factories, stores, or hotels must be given at least one full day (that is, 24 consecutive hours) of rest during each calendar week.
Age also plays a part in this! Employees under 18 years old have limits on how long they can work as well.
More Questions?
The New York Attorney General’s Office has published a commonly asked questions document about wages, hours, and compensation which may provide some additional clarity.
And we’re always here, too.
If you have questions or need help with any employment-law issues, reach out to us at info@coppolalegal.com or 716.839.9700. We’re here to help.
