Can an employer in NY state dictate you must work 50 hours a week, 10 hours a day when you are a salary employee?

All of the information within the firm policies speak to a 40 hour work week, 9am-5pm, however it can be changed at discretion of the manager. Can they do this?

Asked on May 3, 2016 under Employment Labor Law, New York


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

Answered 4 years ago | Contributor

Most employment relationship as are known as "at will". This means that an employer can set the conditions of the workplace much as it sees fit. This includes how many hours an employee can be scheduled to work. This is true so long as such action does not violate the termof an employment contract, union agreement or company policy. Additionally, an employee's treratment cannot constitute any form of legally actionablr discrimination. As for OT pay, only non-exempt employees are entitled to such pay and, typically, salaried employees are exempt from OT laws.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, they can do this: an employer has complete discretion to set hours and to have employees work *any* number of hours (you can be required to work 80, 90, 100, or more hours per week), so long as there is no employment contract to the contrary. Furthermore, if you are salaried, they don't need to pay you any extra for the extra hours: your weekly salary covers all hours worked that week.

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