Legal Question in Employment Law in New York
I have been an exempt employee of a 15-attorney law firm for 15 years. This year the firm has made all support staff non-exempt. Thus we're all subject now to signing in, spending PTO for absences, and getting overtime.
The issue is that there's a new rule which says there can be no partial days. Thus, if an employee has a dental appointment in the morning which lasts two hours, the whole day must be taken as PTO. Presumably this would apply also to employees called away by an emergency: if an employee must attend to a sick child, say, in the afternoon, the entire day is forfeit as a working day -- it must be charged to PTO.
Questions of fairness and wisdom aside, is this legal? Note that this office doesn't fall under FLSA, because it has fewer than 50 employees.
Please advise.
1 Answer from Attorneys
Yes . . . its legal and this is called a no-fault absence model. FLSA covers "all employees of certain enterprises having workers engaged in interstate commerce, producing goods for interstate commerce, or handling, selling, or otherwise working on goods or materials that have been moved in or produced for such commerce by any person." Therefore, you my be covered if your employer is engaged in business going across state lines and it is not dependent on the number of employee.
Related Questions & Answers
-
Can an employer listen or record my company issued cell phone ? Asked 3/03/11, 6:16 am in United States New York Labor and Employment Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
