One Day Off in Seven Law and Overtime

[PearlyBaker]

Jurisdiction

New York

My husband is a salaried, executive chef for an off premise caterer. He's expected to be available to work 24/7 (besides while on vacation). Does the "One Day off in Seven" Law apply to him as it does with restaurant workers? He's often times worked weeks straight without a day off or less than 24 hours off.

Also since he's a salaried employee and manager is it legal for his company to work him 15+ hour days 5-7 days per week without any sort of overtime compensation?

 

[army judge]

The restaurant industry has carved out many legal exemptions in the world of employee compensation.

 

[cbg]

Does the "One Day off in Seven" Law apply to him as it does with restaurant workers?

Not as I read the law. He can always clarify with the NY DOL, but from what you're telling us I sincerely doubt it.

Also since he's a salaried employee and manager is it legal for his company to work him 15+ hour days 5-7 days per week without any sort of overtime compensation?

If he is correctly classified as exempt, and it sounds as if he is, there are no circumstances whatsoever under which he is due a single penny of overtime, even if he works 168 hours a week. It is by no means unusual for exempt employees to work 70, 80, 90 or even longer weeks without any additional salary. I'm not saying I necessarily approve, but that's what the law says.