Legal Question in Employment Law in New York
Required work, not paid
The company I work for conducts annual inventory on a Saturday. Employees are basically required to work but are not compensated for their time. Isn't this illegal? In the past those employees refusing to work have not been treated the same as those who do show up.
2 Answers from Attorneys
Re: Required work, not paid
It depends on whether you are an exempt or non-exempt employee under federal law (as detailed in the FLSA - Fair Labor Standards Act). If you are an exempt employee, you can be required to work on weekends without additional compensation; however, if you are non-exempt, you must be paid for your hours worked at your hourly rate and for all hours in excess of 40, at one and one-half times your hourly rate.
Also, your company can not legally take any retaliatory action against you for filing a complaint over unpaid hours or overtime.
If you need further assistance, you can contact my office via email of through our website at FLSAattorney.com
Re: Required work, not paid
It is illegal to work without pay. The concept of voluntary work on Saturday may also be illegal if the employer were to argue that.
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