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If a person is an executive, non-union, not hourly wage

If a person is...

If a person is an executive, non-union, not hourly wage earner, are there labor laws to govern how many hours worked and if that executive has no right to take sick days?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

New York

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

It is at will, full time -- not union.

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Answered in 8 minutes by:
10/19/2017
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 18,160
Experience: Licensed Texas General Practice Attorney
Verified

Thank you for using JustAnswer.

I'm sorry to hear about your situation. The first thing that you need to know is that New York is an "at will" employment state. At-will employment means that without a contract, you have no contractual or other right to employment with the company. The company is entitled to fire you for any reason: a good reason, a poor reason, or no reason at all--as long as the company does not fire you for an illegal reason (race, gender, age, religion, etc...). But it extends beyond firing, to hiring, promotions, demotions, wage cuts and raises, disciplinary actions, and even scheduling. Unless you can show that this was done in violation of a contract, union agreement, or a clear violation of an unambiguous and binding clause against the employer, or that it was done because of some minority status (age, race, gender, religion, disability) that you have, then they do have this discretion.

There are few laws that restrict hours worked. These typically are for pilots, drivers, etc... But ask lawyers, doctors in residency, accountants around tax season, etc... if there are limitations on hours worked, and they'll laugh at you. The reason is that the laws are very employer friendly and the employer can generally require as many hours as they want.

There IS a "1 day in 7" rest law that applies to employers that operate a factory, mercantile establishment, hotel, restaurant, or freight or passenger elevator, meaning that if an employee works 6 consecutive days, he has to have the 7th off. But The employer can work that employee as many hours on those 6 days, and for workers not in those narrow categories, they don't even get the 1 day in 7 off.

Now hourly employees have to be paid overtime (1.5x the hourly rate after 40 hours worked in a week) pursuant to the Fair Labor Standards Act (FLSA). But an "exempt" employee (exempt from the provisions of the FLSA) don't have to be paid overtime. The employer can pay them the same amount if they work 40 hours or 100 hours a week. This includes executives paid on a salary basis.

As far as sick days, New York law does not require employers to provide employees with sick days at all. He might be eligible for Family Medical Leave Act (FMLA) leave (which is up to 12 weeks unpaid leave for medical issues). But even this is not absolute if he's a "key employee". Under certain circumstances, an employer may deny job restoration to "key employees." A "key employee" is a salaried, FMLA-eligible employee who is among the highest paid 10 percent of all the employees employed by the employer within 75 miles of the employee's worksite, and where an employer must determine that the restoration of the employee to employment will cause "substantial and grievous economic injury" to the operations of the employer, not whether the absence of the employee will cause such substantial and grievous injury.

So in short, this is legal, and there's generally no "right" to sick days, subject to FMLA (which applies only to unpaid medical leave).

I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

Thank you, ***** ***** luck to you!

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    ScottyMacEsq
    ScottyMacEsq, Lawyer
    Category: Employment Law
    Satisfied Customers: 18,160
    Experience: Licensed Texas General Practice Attorney
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    ScottyMacEsq and 87 other Employment Law Specialists are ready to help you
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    Customer reply replied 8 months ago
    Thanks. Appreciate the detail and the clarity!

    You're welcome, and again, good luck to you!

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