Anyone here know the NY labor laws?

Discussion in 'General' started by Flemian, Oct 15, 2010.

  1. #1 Flemian, Oct 15, 2010
    Last edited by a moderator: Oct 15, 2010
    Ok. So Im looking still but I figured Ill ask to get some extra assistance.

    Basicly Im looking up the NY labor laws to see if my company can make me stay longer than 8 hours on a shift.

    I was working from 11pm-7:30am that morning and was asked if I could come in early, like 4pm or 6pm.

    I said Yes, I could come at 4pm, knowing Ide have a ride to work and My 8 hours would be at 12am, Therefore haveing a ride home.

    But at 12am I find out they want me to work till 4am.. a 12hr shift. That I really didnt have a choice.


    So after makeing a deal about it and going to HR to get chewed out for 20 minutes and getting writen up for haveing an attitude earlier (when they told me I had to work till 4) so I lose my monthly bonus (like 40 bucks, not much), They send Me home.

    Does anyone know if they are allowed to hold Me for a 12hr shift?
     
  2. Yeah I'm sure they can do that. NY is an "at will" state or something like that... Basically, Your boss tells you when to work and if you don't like it than quit.

    Although I am sure it is pretty much the same in most states if not all.
     

  3. A. Yes, they can. And Overtime rules differ from company to company. Some are anything over 8 hrs is time and a half, others start to pay overtime after 40 hrs, so if you work a 12 hour shift, you may not even get overtime, depending on how many total hours you work that week.

    B. 11:00 - 7:30 is more than 8 hours, So you've always been there more than 8 hours.
     
  4. Most work places have a huge poster with labor laws for the state in the back some place.

    You can just make up bullshit for not staying longer. They can't (most likely won't) fire you for thinking you're a liar. Especially when it's over extra work.

    Next time don't drop an attitude and tell them you can't.
     
  5. From the NY Labor site:

    You'll have to check your company policy on overtime. The state doesn't mandate it (yet, not until Nov 29th) for 1.5T be paid.
     
  6. Lame... So basicly Im a slave to My employer.

    My dads tellin Me they cant. Its not a question of overtime. I just wanted to know if they can hold Me longer then My 8 if I chose not to do it. Obviously they cant FORCE Me but they gave Me a problem for it.

    My dads tellin Me file a complaint and such so idk..
     

  7. I don't think they can reprimand you if you complete all the tasks they hired you to do (normal hours). Be careful, all they needed to do was ask if you were willing to work overtime when your hired.

    They can't in theory punish or fire you for this reason. However, in the real world they will make your life hard or find another reason to fire you.
     
  8. YeaH they can or they can fire you. Your dad is dumb. What will the complaint accomplish? If they fail to pay you overtime then can file a class action lawsuit or rake them to court. You should be happy to have w job but if you don't need the money and they don't pay you overtime sue them
     
  9. Quit your whining and suck it up, who are you going to file a complaint to?

    I can't believe your dad would be behind you on something as petty as that.
     
  10. And that's only if you worked more than 40 hours that week. Working longer than 8 hours in a shift is NOT overtime.
     

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