Can an employer force an employee to work an extra 2hr a week without pay

my employer has late nights in our office. I was never informed at time of interview that it was MANDATORY. He allows some people to come in at 11am on their late nights, but others they still come in at 9am, those people that come in at 9am are not being paid for he extra 2hrs.
Can this be done legally?

Asked on October 22, 2018 under Employment Labor Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

First of all, not all workers need be treated the same or even fairly. That is so long as their treatment is not based on some form of actionable discrimination. In other words, they are not being singled out based solely on their race, religion, disability, age (over 40), nationality, gender, etc. So preferential treatment in the worklace can be legal. As for not being paid for all of the time worked, if the employee is "non-exempt" (that is typically one who is paid on an hourly basis), then they must be paid for all time that they perform their work duties. If, however, they are "exempt" (that is paid a salary), then they can be scheduled for all of the hours that their employer sees fit.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

First of all, not all workers need be treated the same or even fairly. That is so long as their treatment is not based on some form of actionable discrimination. In other words, they are not being singled out based solely on their race, religion, disability, age (over 40), nationality, gender, etc. So preferential treatment in the worklace can be legal. As for not being paid for all of the time worked, if the employee is "non-exempt" (that is typically one who is paid on an hourly basis), then they must be paid for all time that they perform their work duties. If, however, they are "exempt" (that is paid a salary), then they can be scheduled for all of the hours that their employer sees fit. 


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