Employment Law

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If I am an employee of a company, and I am paid a salary…

Customer Question
If I am an...

If I am an employee of a company, and I am paid a salary plus commission, is it legal for the company to require me to work more than 12 hours a day?

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

New York State

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

Full time

Submitted: 1 month ago.Category: Employment Law
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Answered in 5 minutes by:
3/8/2018
Employment Lawyer: Lucy, Esq., Lawyer replied 1 month ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 31,899
Experience: Former judicial law clerk, lawyer
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

Unfortunately, yes it is. There are no state or federal laws that govern how many hours an employer may require an employee to work. It's legal for them to classify you as an exempt, salaried employee (meaning they don't have to pay overtime), as long as at least half your income comes from sales commissions, you're in a retail or service industry, and you make at least 1.5 times the minimum wage. Alternatively, outside sales employees are exempt from minimum wage and overtime requirements, so they wouldn't have to pay extra for requiring someone to work additional hours.

If neither of those applies to you, they can still require you to work as many hours as they'd like, but they are required to pay you over time for any hours that exceed 40 in a given workweek. The nature of at will employment is that employees who are being overworked or underpaid have a right to seek more desirable employment elsewhere. You'd also have a right to negotiate a raise to reflect the extra work required by the long hours.

Have I answered your question? If any part of my response is unclear, please reply WITHOUT rating so I can clarify. My goal is to provide excellent service, so if I've done that, please give me a 5-star rating before signing out. Thank you for using JustAnswer.

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Employment Lawyer: Lucy, Esq., Lawyer replied 1 month ago

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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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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