A woman who just started working for a small, local retail store called me this morning, appalled that her employer doesn’t give employees breaks other than a lunch break, even when they are required to work 10-hour days.
She wanted to know if that was legal. She also wanted to know if her employer could legally refuse to pay her overtime when she had to work 10 hours a day. Those of you who regularly read my “Help Wanted” column already know the answer and you earn a gold star. (That column, by the way, honors employees’ requests for anonymity.) For those of you unfamiliar with the topics, you’re in for a shock. The only breaks state labor laws require are meal breaks and those are limited to employees who work more than six hours a day. So the 15-minute coffee breaks that so many employees enjoy--and need--are determined by company policy, not by law.
As for overtime, eligible employees earn overtime after they work 40 hours in a single week. Overtime is not based on single day.
This news won’t make for happy stocking stuffers during the holiday season but at least it sets the record straight.
For more quick facts on New York State Labor laws go to:
http://www.labor.state.ny.us/workerprotection/laborstandards/faq.shtm
--Carrie Mason-Draffen