Also, 14- and 15-year-olds cannot work more than 3 hours on a school day or more than 18 hours in a week. The law does not mandate how much an employer should pay a nurse if she agrees to work in excess of her scheduled hours. New York minimum wage laws require non-hospitality industry employers to pay employees an extra one hour’s of pay at the standard minimum wage in addition to the pay they receive for hours they work if: A split shift is a daily schedule in which working hours are not consecutive. Employers may change the start time and day of a workweek if the change is meant to be permanent and not created to avoid overtime pay requirements. Alertness … for at least eight (8) hours for three shifts totaling 8 hours or less, or the number of hours scheduled in a regular shift, whichever is less. Mercantile establishments (generally places where According to New York state’s Department of Labor (Title 12 NYCRR 142) “an employee shall receive one hour’s pay at the basic minimum hourly wage rate, in addition to the minimum wage for any day in which the ‘spread of hours’ exceeds 10 hours or there is a ‘split shift’.” Employers covered by this law include those operating factories, mercantile establishments, hotels, and restaurants. I was scheduled to work a 6:30-9:00 shift on many Thursday evenings after my classes were out. For example, if you work 11 hours, then your employer must pay you for 12 hours of work. Work more than 10 hours in a single day, or work a split shift, and New York labor laws require your employer to pay you an extra hour for each hour in excess of 10 hours that you work. Rules 146-3.11, New York minimum wage laws require employers to count employee waiting time as hours worked for purposes of its minimum wage and overtime requirements if the employees are required to remain available to work at or near the employer’s premises and are unable to use the time productively for their own purposes. If an employer requests or permits an employee to report for work on any given day, the employer must pay the employee for a minimum of four (4) hours of work or for the employee’s entire shift, whichever is less, at no less than the standard minimum wage. Labor Commissioner may give written permission for shorter meal period under each standard. New York labor laws also specify how many hours and when a minor can work during the school day when school is in session, when school is not in session and the night before a school day. Just because you work more than eight hours in a day, or stay beyond your scheduled shift, doesn’t automatically qualify you to earn overtime pay. Rules 146-3.6. The New York State Public Employment Relations Board has allowed employees to overcome a change in shift time after reviewing employees' legal arguments based on analysis of their CBA. In New York, live-in workers, such as a home health care aide, must work 44 hours in a given week before qualifying for overtime pay. For example, work in a factory, most hotels and restaurants, as a watchman, elevator operator or as a superintendent, and the law applies to you. Rules 142-2.1(b); NY Admin. An employee works from 11:30 am to 3:00 pm, then again from 4:00 pm to 10:00 pm in the same workday. This 10-hour spread of hours counts any breaks you get, including meal breaks. any other time the employee is free to leave the employer’s premises but chooses not to. For example, if you work a 2 a.m.-10:30 a.m. shift, and you are scheduled to return at 11 p.m. that same evening, your hour between 11 p.m. and midnight might be counted as overtime. Under New York’s Labor Law, factory and manufacturing employers must give their employees 60 minutes for a noontime meal (between 11 a.m. and 2 p.m.). As long as workers are permitted at least a 30-minute lunch break, the employer has met the requirements of the law. The law only applies to people who work in a qualifying industry. Employers may establish separate workweeks different employees or different employee groups. Copyright 2020 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. The federal law focuses on the idea that give-or-take a few minutes here and there, most employees will be compensated accurately for their actual time worked. N.Y. Labor Law § 162(2). For example, 16- and 17-year olds cannot work between 10 p.m. and midnight the night before a school day without written permission from a parent or guardian. Workers who start work before 11 AM and end after 7 PM are entitled not only to their lunch break, but an additional 20 minute meal break between 5 and 7 PM. In one matter heard by the board, firefighters protested a change from 24-hour shifts to 10-hour and 14-hour shifts. Other employers are covered as well. Violations can result in hefty fines. The 10 hour spread of hours includes any break, meal, or other off-duty periods. How Long Must My Job Be Held When on Temporary Disability?→. A: Under a new revision to the New York State Labor Law,196-b, employers are now responsible for providing sick leave to their employees as follows: employers with 4 or fewer employees in any calendar year, must provide each employee with up to 40 hours of unpaid sick leave in each calendar year NY Admin. The employee has worked 9.5 hours over a 10.5-hour spread. Then, the federal Fair Labor Standards Act requires your employer to pay you at least one-and-a-half times your regular rate of pay for every hour in excess of 40 you work that week. Spread of Hours (10+ hour days and Split Shifts) New York state law provides that an employer is obligated to pay one hour’s pay at the basic minimum hourly wage rate for any day in which a non-exempt employee’s spread of hours exceeds 10 hours or the employee works a split shift. payment for the time the employees actually worked calculated at the employees’ regular or overtime rates, whichever rate applies, less any customary and regular tip credits; payment for the remainder of the period in which no work was actually performed calculated at the standard minimum wage with no tip credit subtracted (payment for the period in which no actual work was performed is not payment for time worked or work performed and need not be counted as hours worked for calculating the regular rate for the purpose of overtime pay). New York minimum wage laws require employers to count employee travel time as hours worked for purposes of it minimum wage and overtime requirements if the travel is part of the employees duties. New York labor laws offer additional protections to nurses. NY Admin. New York’s spread of hours law provides that hourly, nonexempt employees whose workday begins and ends more than 10 hours apart are owed an extra hour of pay, known as a Spread of Hour rate. However, the laws allow for overtime pay if you work more than 40 hours in a given week, and require your employer to pay you more for every hour in excess of 10 that you work in a day. for at least three (3) hours for one shift, or the number of hours scheduled in a regular shift, whichever is less; for at least six (6) hours for two shifts that total 6 hours of less, or the number of hours scheduled in a regular shift, whichever is less; and. On its face, Section 162 of the New York Labor Code (New York State Lunch Break Law) seems very simple and easy to understand. New York State's minimum wage rates are scheduled to increase each year on 12/31 until they reach $15.00 per hour. Additional employers are sometimes covered as well, as stipulated in Section 161 of the New York State Labor Law. Overview of Law. Because she earns overtime on the 10 hours worked on Sunday, her employer must include the additional $.50 per hour for that shift. The Wage and Hour Division enforces federal labor laws pertaining to work hours, such as: Federal minimum wage Overtime pay Recordkeeping Child labor requirements of the Fair Labor Standards Act (FLSA) Government Contractors The Wage and Hour Division also enforces labor … Rules 146-3.6, New York minimum wage laws require employers to count employee on-call time as hours worked for purposes of its minimum wage and overtime requirements if the employees are required to remain available to work at or near the employer’s premises and are unable to use the time productively for their own purposes. This means that your employer has the authority to require you to work more than 40 hours in a given calendar week. Rules 142-2.1(b), New York minimum wage laws define a workweek as seven (7) consecutive 24-hour periods or a regular repeating span of 168 hours. New York minimum wage laws require non-hospitality industry employers to pay employees call-in pay, also referred to as show up or reporting pay. William Henderson has been writing for newspapers, magazines and journals for more than 15 years. The standards set forth by the Fair Labor Standards Act regarding meeting time may provide reasonable guidance. His work has also appeared on The Good Men Project, Life By Me and The Huffington Post. Under the current Miscellaneous Wage Order (Sections 142-2.3 and 142-3.3), non-exempt employees who report to work are entitled to call-in pay that is the lesser of either four (4) hours of pay or the hours of pay in the employee’s regularly scheduled shift at the state minimum wage rate. Frequently Asked Questions About NYS Labor Laws Breaks. Rules 142-2.3. New York labor laws require certain employers to provide their employees at least 24 consecutive hours rest in any calendar week. Meal periods of one hour or less do not cause a daily schedule to be a split shift. A workweek may begin at any hour of the day and on any day of the week, and does not have to coincide with a calendar week. NY Admin. Determining Spread of Hours Pay in New York State. Rules 146-1.5(d). Statute. New York labor laws mandate that you get at least one full 24-hour period off each week if you work in specific industries or have certain occupations. For a six-hour shift, an employee could receive two 10-minute breaks or a 20-minute lunch break. New York defines a minor as someone who is 17 and under. The 10 hour spread of hours includes any break, meal, or other off-duty periods. New York minimum wage laws do not address when employees must count time spent by employees at meetings, lectures, and training as hours worked for purposes of it minimum wage and overtime requirements. This applies to situations where: New York minimum wage laws require non-hospitality industry employers to pay employees call-in pay, also referred to as show up or reporting pay. Rules 142-2.1(b); NY Admin. normal sleeping hours, even if they are required to be on-call during that time, and. If your business needs to draft a 4-10 shift policy and agreement, or if you would like me to review your current policy, then feel free to contact me. For example, if you are scheduled for 11 hours of work, but you take a one-hour unpaid meal break, your employer must pay you for 11 hours – the 10 hours you worked and the extra hour because you were scheduled to be on site for 11 hours. NY Admin. Rules 146-3.6. Another option is giving an employee a break after a certain number of hours of work. New York minimum wage laws requires employer to pay employees for all hours worked which is defined as any time employees are permitted to work or required to be available to work at a place prescribed by the employer. Any shift that goes beyond this standard is considered to be extended or unusual.Emergency situations, times of business transition, and when resources are scarce often require longer shifts. NY Admin. NY Admin. NY Admin. A work period of eight consecutive hours over five days with at least eight hours of rest in between shifts defines a standard shift. Workers who work a shift that is at least 6 hours long and lasts between 11 AM and 2 PM are entitled by New York labor laws about breaks to a half hour unpaid meal break for lunch. In a December 2009 opinion letter, the NYSDOL interpreted this provision to only require call-in pay for non-exempt employees if their wages for the workweek are less than the minimum and overtime rate for all hours worked plus a… The noon day meal period extends from 11:00 A.M. to 2:00 P.M. An employee who works a shift of more than six hours, which extends over the noon day meal period, is entitled to at least 30 minutes off within that period for the meal period. If your hours of work are “split” (not consecutive), or if shift lasts more than ten hours, you may be entitled to one additional hour's pay for the day, at the New York State Minimum Wage hourly wage rate. Once the beginning workweek has been created for an employee, the workweek must generally remain fixed regardless of hours scheduled to work by the employee. Sign up for Employment Law Handbook’s free email updates to stay informed. You qualify for overtime pay, according to New York state labor laws, if you work more than 40 hours in a week. The standards set forth by the Fair Labor Standards Act regarding sleeping time may provide reasonable guidance. Before scheduling a minor to work, or asking a minor to stay past a scheduled shift, employers should familiarize themselves with New York’s labor laws. Every individual employed under New York State’s labor law, including those employees who are employed in factories, hotels, restaurants and mercantile establishments, should be given at least 30 minutes for the midday meal break. New York state labor laws do not limit how many hours a day or in a week that your employer can schedule you to work. NYS Foods and Breaks Every individual employed under NY labor laws, these employers include those operating mercantile establishments, hotels, factories, and restaurants, shall be given no less than 30 minutes for the midday food break. 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