What are my rights as a full-time employee if I can’t work on a day that I am scheduled to?

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What are my rights as a full-time employee if I can’t work on a day that I am scheduled to?

I agreed to work 5 days a week for annual salary for an employer. However, according to company policy, full-time employees are required to work 6 days some weeks without extra pay. When the employees do not or cannot show up due to circumstances, they lose that day’s worth of pay from the salary or lose a paid vacation day. Is this legal?

Asked on December 30, 2015 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, it is not legal: salaried employees are paid their full salaries whenever they work at least 5 days per week (though they can be required to work a 6th or even 7th day for no additional pay: the salary covers ALL work done that week); only if you work 4 or less days can salary be debited.
Your employer could take other action against you for not working required additional days, however: e.g. suspend you, demote you, even terminate you.


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