Can an employer require someone to work every weekend in addition to there 40 hour work week?

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Can an employer require someone to work every weekend in addition to there 40 hour work week?

My boss wants me to come into work and do additional work every weekend in addition to working a 40 hour work week. There are individuals that are already working the weekend in another department that can do the work (they are not working 7 days).

Asked on December 6, 2011 under Employment Labor Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If  you have an employment contract (including a union agreement) limiting the hours you work, that can be enforced. Otherwise, your employer may force to you work on weekends and/or more than 40 hours per week.

If you are an hourly/wage employee, you must be paid for all hours worked, including overtime for hours over 40 in a week.

If you are salaried but not exampt from overtime (a few salaried people are not--being salaried does not by itself make you exempt; go to the Department of Labor website for the tests for when one is exempt or not), then for hours worked past 40 in a week:

1) figure out your effective hourly rate, by dividing weekly salary by number of hours worked;

2) For the hours past 40, you get an amount equal to 50% of your effectively hourly rate for each over over 40--that's the overtime premium you get if you are salaried by not exempt.

But if you are salaried and exempt from overtime, your employer does not need to pay you anything more or extra to work on weekends or more than 40 hours in a week. Salaried, exempt staff can be made to work any number of hours without extra pay.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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