Legal Question in Employment Law in New York

employment

Can a company require that its employees work from 7 am to 10pm on a workday? These are not hourly employees, but earn a flat salary. No overtime.


Asked on 7/12/07, 4:51 am

2 Answers from Attorneys

Graig Zappia Tully Rinckey PLLC

Re: employment

It all depends on the size of the employer and the type of work being done by these employees. The answer to your question depends upon a number of factors including those mentioned above. For further information, email me at the address below and maybe I can iron out some of the details for you.

Thanks again for the question.

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Answered on 7/12/07, 7:48 am
Jason Stern Law Offices of Jason Stern

Re: employment

The answer to your question depends on whether the employees are considered (by the law, not your employer!) exempt or non-exempt. Examples of an exempt employee (not entitled to overtime) would be an attorney, an investment banker, a product manager, or most other salaried positions of some stature. I handle wage/hour/overtime cases for non-exempt employees who are entitled to overtime pay but denied it. Many large companies have been getting into trouble by giving employees supervisory titles and job descriptions that imply an exempt status, when in fact, courts have determined that the employees are non-exempt and entitled to overtime pay.

I have offices in Manhattan and Westchester if you'd like to call or email to set up a telephone or in-person consultation. You may contact me via severanceattorney.com or by email.

Regards,

Jason Stern

SeveranceAttorney.com

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Answered on 7/12/07, 7:44 pm


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