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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 117370
Experience:  20+ Years of Employment Law Experience
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Is it legal employer in New York State to force an employee

Customer Question

Is it legal for an employer in New York State to force an employee to work 7 days a week ? Second question: Is it legal for an employer to give no advance schedule, so that an employee gets a call at 6:30 a.m. telling the employee s/he must appear for work that day, even though it was the employee's scheduled day off?
Third question: Can an employer thus treat an employee as a full-time (actually more than full time, as it's 7 days a week) worker but offer no such employee benefits as health care insurance, paid days off, and paid sick leave/personal leave?
Many thanks.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
There is no "day of rest law" in NY. NY is an at will employment state, meaning that absent some written employment contract to the contrary, the employer can make the rules and require the employee to work as needed as long as they are paying for the time worked.
As an at will employee, the employer is not bound to give any advance schedule. The employer can required the employee to work as they need them to work, again, as long as they pay for the hours worked. There is no law in NY to give benefits, but under the law they must now give you health benefits under the Affordable Care Act or they must pay a tax penalty.
NY also has no law mandating sick or vacation pay and there is no federal law mandating such either.
Many people misunderstand their rights in at will employment. Many employees believe they are entitled to many benefits from work, but unfortunately the laws are written in favor of the employer and not employee and unless they have some written employment contract or a union contract, the employer gets to dictate the terms. The only right the employee has is to be paid for all hours worked if they are an hourly employee and to be free from discrimination based only on their age/race/sex/disability/national origin. Other than those minimum rights, the employer sets wage, benefits, vacation/sick time and hours of work and those are all discretionary to the employer.