Business travel

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Business travel

Hi,
I am a full time employ in a small architectural company 10 people based in
New York. I do not have any business trip included in my contract.
My boss is taking me to Asia for a week for business. I want to ask if he has
to pay for my travel time and weekend that I have to spend there. He makes
me to work 8 hour, the same night take a 16 hour flight, land in Asia around
6am the meeting start 2pm, and time zone difference is 14 hour. He claims
that few hours of sleep is enough I told him that I need a whole night of
sleep, but he didn’t agree. Please let me know if I have to accept that.

Thank you.

Asked on November 15, 2016 under Employment Labor Law, New York

Answers:

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

Answered 4 years ago | Contributor

Unless you have an employment contract or union agreement providing otherwise, there is no limit on the number of hours that you can be made to work. That having been said, if you are a non-exempt employee (i.e. typcially paid hourly) you are entitled to be compensated for all time worked, plus you are eligible for overtime pay to the extent that you work over 40 hours in a work week. Additionally, if your upcoming trip is next month or after and you are paid $47,476 a year or less ($913 per week), then you will also be entitled to OT for any hous worked over 40 in your work week.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, you have to accept his determination that a "few hours" of sleep is enough--employers, not employees, decide when to start working, etc. If you are an hourly employee, at least you'll be paid once the work day starts after only a few hours; but if you are salaried, you are not owed any additional compensation for the long days: your weekly salary is your entire compensation, no matter how long you work that week.


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