Employers’ Responsibility for NY Work Schedules

Work Schedule Limitations As an employer, you should know what laws to follow regarding NY work schedules. The following are some FAQs about setting schedules for employees. Is there a limit to the number of work hours per day? Except for children under 18 and for workers in certain occupations, there are no limits. If you want to extend the work day to 12 hours, you can do that. However, you may also have to pay the employee for overtime unless the employee is exempt. Overtime is one and one-half times the regular hourly rate for all hours over 40 in a calendar week. For farm workers, overtime applies for hours worked over 60 hours in a calendar week. What industries or occupations must include time off work? Employers in the following industries must provide employees with 24 hours of rest in each calendar week: Factories Mercantile establishments Hotels (exception is resort/seasonal hotels) Restaurants (exception is small, rural restaurants) Elevator operator Watchman Janitor Superintendent Farm worker (A complete list is available at https://www.nysenate.gov/legislation/laws/LAB.) How early in the day can the workday begin for an adult employee? Employers have no limitation on how early work can start. How late in the day can an adult employee work? Employers have no limitation on how late the workday can extend. (Reference: Dol.ny.gov) Employers in the fast food industry in New York City must comply with the NYC Fair Work Week law. This law has different rules. For example, workers must receive their schedules 14 days in advance of the schedule’s start date. They also have the right to say “no” to extra...