Legal Question in Employment Law in New York

Extremely hard working conditions

After working for a company for 2.7 years I was given an ultimatum that seemed rather harsh and impossible. I had been working 7 days a week from December to February 22 with only about 3 days off. Since February 17 only 1. I was working approximately 10 to 13 hours per day. I was paid a salary with no compensation for overtime in any form. In all that time I had no vaction at all. When I was told I have to terminate two employees and would have to work from 5am until 11pm and return to work the next day at 5am. I told my employer that I could not work that many hours and was told that If i didn't I wouldn't have a job. I was exhausted and completely stressed out already to add that many hours to my work day would have created even more stress. I felt I had no choice. I worked hard for this company and felt I was being treated very unfairly. Am I out of luck and a job or do I have any options?

Thank you for your time and efforts in answering my questions, although it is somewhat long.


Asked on 5/26/06, 7:27 am

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Extremely hard working conditions

This is the type of thing that the State or Federal Department of Labor will investigate and resolve (although the resolution can take several years.) Under the FLSA

you must be compensated for overtime unless you are classified as exempt (a manager or supervisor) or your contract allows for more hours a week. I suggest you call the Department of Labor and inquire.

There is also a limit on the number of hours you can be ordered to work in a row. If you report your employer and you are terminated, you would have a retaliation suit.

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Answered on 5/26/06, 8:14 am


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