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Minimum Shift Length New York New York

On Lawyer & Legal » Employment & Labor Law

1,692 words with 1 Comments; publish: Tue, 27 Jun 2006 18:51:00 GMT; (80061.52, « »)

I'm a part-time employee at a pizza place. Looking at my schedule for the upcoming week, I mentioned in passing to a fellow employee that "the two hours shifts are getting on my nerves a bit." He said he thinks that New York State has a minimum shift length of 4 hours.

Is he right? Or can my boss schedule me for just as long as he thinks we're going to be busy?

Also, out of curiosity, is my boss entitled to keep me longer than the posted hours if he wants an extra pair of hands? And I asked my aforementioned manager if he gets overtime for working over 40 hours. He said that he's on "salary," as opposed to "wage," so he doesn't get overtime pay, but he's guaranteed a minimum of 40 hours per week. Is he correct or am I assigning terms to imaginary concepts?

Thanks in advance!

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    • The "manager" of the establishment most likely DOES qualify as an exempt employee; therefore, he gets a guaranteed salary (with limited exceptions), but he does not get paid overtime, no matter how many hours he works.

      Yes, NY does have a minimum reporting pay requirement, but it's not exactly what you are hoping for. For restaurant employees, if you are called in or report to work for your regularly scheduled shift, you must be paid the lesser of 3 hours (for one shift) the hours for which he was regularly scheduled. That means that, if you are scheduled for 2 hours, you get paid for 2 hours only. If you were scheduled, for example, for 4 hours and only worked 2 hours, you would have to be paid for 3 hours (since 3 is less than 4).

      The law does not require that employees be scheduled for at least 4 hours.

      #1; Wed, 28 Jun 2006 05:37:00 GMT