7 consecutive days

[Cdavis]

Jurisdiction

New York

I work in New York City and just finished a week where I had come in on my only day off and was then still held accountable for my seventh day. I explained I thought it was illegal to have me work 7 days in a row however it was brushed off. Then today when I informed my manager I felt sick due to exhaustion and could I go home I was told "no" and walked away from leaving me to feel as if I could not leave without disciplinary action. By the time my shift ended I could barely communicate with guests because my brain was working so slow. I'm also filed as a "part time" employee with this company and clocked out at 49 hrs this week. They have consistently been unable to break me after 6 hours and I have worked several 44+ weeks for them and I'm at my wits end. As a bartender I'm used to long hours however I relish the breaks due to being on my feet all day. What are my rights as an employee with this?

 

[cbg]

There are multiple exceptions to NY's "one-day-of-rest-in-seven" law. What industry do you work in and how many hours do you usually work?

 

[Cdavis]

I work as a restaurant bartender. I was hired only to work 28-30 hrs tops, but have recently worked several weeks of 44+ Including this 7 day stretch

 

[cbg]

Okay, that raises another question because SOME restaurants are excluded. You said you work in NYC. Do you actually work IN the city or is that a blanket term for the region and you're in one of the suburbs? And is the restaurant you work in either seasonal or resort?

Yes, these things matter to your options.

 

[Cdavis]

I work in midtown Manhattan and the restaurant is in a hotel, but isn't seasonal and isn't unionized. It's a seperate entity of the hotel.

 

[cbg]

Then I think asking you to work 7 consecutive days does constitute a violation.

It is NOT illegal to have you working full time hours even though you are classified as part time. But under NY law you should be entitled to a 24 hour break.

I have to admit, though, that NY is not always as tough on enforcement as other states. All you can do is report what happened and see what they say.

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