Can Employer insist on 45 hrs for non exempt?

I am Non exempt (Net Admin) but My employer demands 45 Plus hours a week even if the job does not require it. He makes a point that slary increases are withheld if hours are not over 45 average per week.
Is this legal? I have no written contract.

1 answer  |  asked Feb 18, 2007 6:56 PM [EST]  |  applies to New York

Answers (1)

David M. Lira
Compulsory Overtime

An employer can require employees to work a schedule of more than 40 hours per week. There are certain limitations under New York law. But even accounting for those limitations, a 45 hour work week is certainly permissible.

Note, however, that for any time beyond 40 hours the employer must pay the affected non-exempt employees overtime pay at time-and-a-half of their regular rates. The employer has no authority to change this 40 hour workweek limitation.

Now, if an employee fails to work a required 45 hour schedule, the employer, under New York State's employment at will doctrine, has the right to terminate the employee, but the employer may not withhold pay. In New York State, you generally have to be paid within 2 weeks after the end of the work week. Employers are not allowed to withhold pay, with very limited exceptions.

posted by David M. Lira  |  Feb 19, 2007 11:32 AM [EST]

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