Work sucks sometimes. Coworkers can be annoying, and bosses micromanage, but there are some conditions in the workplace that are actually intolerable under federal and/or New York State law. Here is a quick run-through of just a few concerns that one of you (employed!) 99 percenters might face. From break time to vacation time to raise time, whether you’re in an office, warehouse, restaurant or at the cash register, Brokelyn will help you know when to stand up for yourself and when you don’t have a leg to stand on.
NOTE: This article is based off of my experience in government community work and should NOT be a substitution for legal advice!
Your boss says you can’t take a break to eat the bag of knock-off Cheetos you call lunch.
FIGHT IT
Your employer MUST provide you a break if you ask for one, but they are not required to pay you for the time you take or for your sorry excuse for nourishment. If your shift lasts longer than six hours, starts before 11am and lasts after 2pm, you are entitled to a break of at least 30 uninterrupted minutes between 11am and 2pm. If you have a shift that starts before 11am and lasts past 7pm, you are allowed a 20-minute bonus break between 5pm and 7pm. For those of us fortunate (or unfortunate) enough to have a shift that begins between 1pm and 6am and lasts more than six hours, there is a 45-minute required break “in the middle of the shift.” So basically, your employer can’t force you to take an unpaid “break” at the end of your day.
In addition to your normal 40 hours, you worked an extra six hours at the store the day before Hurricane Irene bagging emergency soy milk and kale for paranoid yuppies, and your boss isn’t giving you any extra pay.
FIGHT IT
Overtime is classified as work in excess of 40 hours during a workweek, and federal law requires you to be paid 1.5 times your normal hourly rate. There is no special compensation for working more than eight hours in one day, or special pay for weekend or holiday work. There are certain exceptions to this rule, so check your classification before making any demands (If you are a nurse, your boss cannot force you into overtime, for instance).
There are no limits to the amount of total hours you can work in a day, when work begins/ends, or how many days are worked within the week. However, if you work in a factory, mercantile establishment, hotel, restaurant or as an elevator operator, watchman, janitor or superintendent you are entitled to “24 hours of rest” (read: a day off) in each calendar week.
Your boss puts you on probation after missing work on Wednesday due to your morning of vomiting that had nothing to do with Tuesday’s two-for-one frozen sweet tea margarita special at the bar.
ACCEPT IT
Minimum wage is a pathetic $7.25 per hour in New York State (and nation-wide), but you’re only earning a Lincoln plus tips.
ACCEPT IT
While most sectors are required to pay you minimum wage, restaurant service jobs (farming jobs are also exceptions, but tending to your window box of basil and one pepper does not make you a farm worker) are classified differently. Food service workers can earn as low as $5 per hour, but the remaining $2.25 MUST be made up in tips. The burden is on your employer to prove that this is the case.
You’ve managed to keep your smile intact the whole night while waiting tables for tips given in change by men who forgot they weren’t in Hooters, and now you’re being forced to share your earnings with coworkers AND management.
FIGHT IT
Technically, your boss is allowed to mandate tip sharing or “pooling” by other food service employees as long as they give written notice. But management cannot take a cut of gratuities, except to charge employees the same amount charged to customers for processing credit card transactions.
Your employer has not offered employees health insurance, forcing you to shell out $200 for a doctor’s visit, only to find out that you are overweight because of all the free frogurt you’ve been eating at work.
ACCEPT IT
Employers are under no obligation to give you health insurance or cover your healthcare costs. Though if you are injured on the job, or exposed to certain toxic substances (frogurt may be cursed, but does not count as a toxic substance), you may have recourse in the form of Worker’s Compensation.
Your problems at work are more serious than missing out on the corner piece of cake at staff parties and forgetting to wear jeans on Friday. You bring the issues to the attention of your boss, and that Friday at 5pm you find yourself on unemployment indefinitely (actually, until it runs out).
FIGHT IT
You cannot be penalized/retaliated-against/
In anticipation of your scheduled paycheck tomorrow, you bring your bank account down to single digits after the two-for-one Beefarino special at Key Food. Tomorrow comes and there’s no paycheck.
FIGHT IT
Your employer must pay you by the end of whatever pay period is agreed upon when you’re hired.
Instead of cashing in your vacation days to seek authentic sushi and karaoke in Japan, you opted instead to get bodega sushi and karaoke in Williamsburg. By time you leave the job, management seems to have forgotten about compensation for these unused vacation days.
FIGHT IT
If your employer agrees to give you vacation, personal leave, etc when you are hired, then they must pay out the unused days unless you also agree to forfeit those days upon leaving the job. Unfortunately, your employer is under no legal obligation to give you vacation/personal/sick days in the first place (note: the United States is the only industrialized nation that does not guarantee vacation or sick days for employees).
It’s been several years since you started at the law firm/localized novelty gift shop/sewage treatment plant/third-tier chain restaurant, and you feel it’s time for a little more cash.
ACCEPT IT
Unless it’s in a contract you’ve signed, no employer has an obligation to give you a raise.
View Comments (58)
can under age guys serve alcohol in a restaurant?
My job told me not to come back to work until my broken down car was moved out of the company parking lot is this fightable
I have worked 9 hours a day for 7 hours pay from Monday to Friday for the last 8 months. I wasn't paid overtime. I asked many times for overtime pay.
But when I was asked to work Saturdays I was paid the overtime rate, time and one half. I recently asked for overtime and was laid off. Can I sue or petition to recoup this overtime money? Thank you
There is one thing I would like this article to tell us. I know that employers if they agree to have paid vacation time or unpaid are obligated to pay them out. But, lets say you are using 3 of them for a convention and just as you are about to leave home and take an airplane to wherever you wish to go, the boss calls telling you that you must come in for a shift. If I then say sorry I cannot do it, can they legally put you on probation or fire you for failure to show up when needed?
Know this in california your boss has to eat that credit card processing fee!
If I leave my work at 9am, Is it ok that my employer makes me come back at 3 pm the same day for my next shift? Arent there rules about minimum times between shifts?
I was asked to stay later I did yes I just had to call my ride and my supervisor said OK so I called my ride to let them know I was staying later then my supervisor goes behind my back and ask someone else to stay instead after I called my ride already then waits to tell me till 5 mins before she sendse home so I was alittle upset and then the coworker she had stay instead told hee I was upset so she comes up to me and starts telling me she is just doing her job and arguing with me about it in front of the coworker and starts saying I would have overtime if I stayed when I wouldn't have I only had 35 hours for that week and I would of only got an extra hour and a half if I would of Stayed and the coworker she had stay instead of me gets 40 hours a week and she would of got overtime for staying it makes no sense to me and I feel what she did was wrong what should I do about this
Hi, so I am curious to know if this is illegal or not. My manager has recently told the entire establishment that we are not allowed to request days off, even if it is months in advance. She wants us to cover our scheduled shifts. Is it illegal to not even consider the requests?
There are worker at work that are always calling in sick, or not being able to make it into work. I usually agree to take on the extra shift, but lately it's starting to become a habit of everyone doing it. So I started to turn down all the extra shifts. I'm almost positive my boss is getting mad that I'm not taking on the extra shifts. She can't just fire me because i refuse to take on extra shifts, can she? Also what is she changes the schedule last minute?
I'm a member of a union ,my question is if my boss denied me to go to the dr at least once a month for meds I need every day ,would that be considered as discrimination or if he fired me fot missing to much work for my Dr appointment. Would I have a case ??