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Is it legal to make employees, a manager of a large fruit…

Customer Question
Is it legal to...

Is it legal to make employees, a manager of a large fruit and grocery to work seven days a week twelve hours a day for months on end?

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?

At will fill time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Full time

Submitted: 8 months ago.Category: Employment Law
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Answered in 6 minutes by:
12/6/2017
Employment Lawyer: Law Educator, Esq., Attorney replied 8 months ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 126,758
Experience: 20+ Years of Employment Law Experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

NY has a law stating that the employer must give the employee one day of rest for every seven days worked in most types of occupations, including merchantile establishments, which would be stores. See: https://labor.ny.gov/formsdocs/wp/LS611.pdf

Unfortunately, the law does not apply to "foremen in charge" so if you are a manager in charge in a merchantile establishment, legally there is no day of rest law to protect you and as long as they pay you for the time worked or it is part of your salary, you must comply and work as instructed.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 8 months ago
What about making him work 12 hour days on salary every day?
Employment Lawyer: Law Educator, Esq., Attorney replied 8 months ago

Thank you for your reply.

Unfortunately, without a union agreement to the contrary, the state and federal law say that as long as the employer is paying the salary employee, they have a right to make them work as many hours necessary to complete their job without any overtime compensation if they are salary exempt employees.

This is what makes people go to find unions to come into the workplace, to protect them from this type of abuse.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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